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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(2) When P is already subject to an incapacity by virtue of a report of the election court, and on prosecution P is convicted of any matters in relation to which the incapacity was imposed—

(a) no further incapacity may be imposed by reason of the conviction, and

(b) the court has like power to mitigate or remit the incapacity for the future, so far as it is imposed by article 113 in respect of the matters of which P is convicted, as if the incapacity had been imposed by reason of the conviction.

(3) When exercising the powers conferred by paragraphs (1) and (2), a court must make an order declaring how the incapacities imposed by virtue of the report of the election court remain unaffected by the exercise of those powers.

(4) An order made under paragraph (3) will be conclusive for all purposes.

(5) When P is convicted of a corrupt or illegal practice and is subsequently reported by the election court to be guilty of that practice, no further incapacity may be imposed on P under article 113 by reason of the report.

(6) When P is subject to any incapacity by virtue of a report by the election court or a conviction, and a witness who gave evidence against P in the proceedings is convicted of perjury in respect of that evidence—

(a) P may apply to the High Court, and

(b) the court may order the incapacity to cease immediately if it is satisfied the report of the election court or the conviction was based upon perjury.

Illegal payments or employments

126

(1) A candidate or election agent who is personally guilty of an offence of illegal payment or employment is guilty of an illegal practice.

(2) A person guilty of an offence of illegal payment or employment is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(3) On prosecution of such an offence, it is sufficient to allege that the person charged was guilty of an illegal payment or employment.

(4) Any person charged with an offence of illegal payment or employment may be found guilty of that offence, notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice.

Time limit for prosecutions

127

(1) Proceedings in respect of an offence under any provision in this Order must commence within 12 months after the offence was committed.

(2) In the case of any proceedings under the Magistrates’ Courts Act 1980⁶⁷, in connection with offences under this Order, the time limit specified in paragraph (1) is substituted for any time limitation under that Act.

(3) For the purpose of this article, the laying of an information is deemed to be the commencement of proceedings.

(4) A magistrates’ court may extend the time limit under paragraph (1) but not exceeding 24 months after the offence was committed if it is satisfied, on application by a constable or Crown Prosecutor, that—

(a) there are exceptional circumstances which justify the granting of the application, and

(b) there has been no undue delay in the investigation of the offence to which the application relates.

(5) If a magistrates’ court acts under paragraph (4), it may also make an order under paragraph (6) if it is satisfied, on an application by a constable or Crown Prosecutor, that documents retained by the registration officer in pursuance of rule 70 of Schedule 5 (retention and destruction of documents forwarded to relevant registration officer) may provide evidence relating to the offence.

(6) An order under this paragraph is an order—

(a) directing the registration officer not to cause the documents to be destroyed at the expiry of the period of 1 year mentioned in rule 70 of Schedule 5, and

(b) extending the period of retention by a further period not exceeding 12 months, as specified in the order.

(7) The making of an order under paragraph (6) does not affect any other power to require the retention of the documents.

(8) An application under this article must be made no later than 12 months after the offence was committed.

(9) A party to an application under paragraph (4) or (5) who is aggrieved by the refusal of the magistrates’ court to act or make an order, may appeal to the Crown Court.

Prosecution of offences committed outside the United Kingdom

128

Proceedings in respect of an offence under this Order that are alleged to have been committed outside the United Kingdom by a Commonwealth citizen or a citizen of the Republic of Ireland or a relevant citizen of the Union may be taken, and the offence may for all incidental purposes be treated as having been committed in any place in the United Kingdom.

Offences by associations or body of persons

129

(1) Where an offence specified in paragraph (2) is committed by any association or body of persons, corporate or unincorporate, then the members of the association or body who have taken part in the commission of the offence are liable to any fine or punishment imposed by this Order.

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

(a) any corrupt or illegal practice or any illegal payment or employment, or

(b) any offence under article 78 (printer’s name and address on election publications).

Evidence by certificate of returning officer

130

(1) A certificate of the returning officer at a Senedd election specified in paragraph (2), will be sufficient evidence of the facts stated in it for the following purposes—

(a) any prosecution for a corrupt or illegal practice, or for any illegal payment or employment, and

(b) any proceedings for a penalty under article 59 (penalty for sitting or voting where no return and declarations are delivered etc.).

(2) The certificates are those that certify—

(a) that the election mentioned in the certificate was duly held, and

(b) that the person named in the certificate was a candidate at the election.

Evidence by certificate of electoral registration

131

(1) The certificate of a registration officer that a person is or is not, or was or was not, duly registered in the officer’s register in respect of any address, will be sufficient evidence of the facts stated in it.

(2) A document purporting to be such a certificate will be received in evidence and presumed to be such a certificate unless the contrary is proved.

Director of Public Prosecutions

132

(1) When in receipt of information that an offence under this Order has been committed, the Director of Public Prosecutions must make inquires and institute any prosecutions as the circumstances of the case may require.

(2) The Director may attend the trial of every Senedd election petition, and must do so when so requested by the election court.

(3) For the purpose of paragraph (2), the Director may attend the trial either in person or via an assistant or representative as nominated under paragraph (4).

(4) The Director may nominate a barrister, solicitor, or an authorised person to be a representative for the purposes of this Part.

(5) The Director, assistant or representative are to receive such allowances for expenses as the Treasury may approve for the purpose of this Part, other than for general duties under paragraph (1).

(6) Subject to paragraph (7), the costs incurred in meeting the expenses referred to in paragraph (5) will be paid by the Treasury and be deemed to be expenses of the election court.

(7) If for any reasonable cause it seems just to the court so to do, the court may order all or part of the costs incurred in meeting the expenses referred to in paragraph (5), to be repaid to the Treasury by the parties to the petition, or such of them as the court may direct.

Costs

133

(1) The rules of the Senior Courts of England and Wales in respect of costs to be allowed in actions, causes and matters in the High Court will, so far as is practicable, apply to the costs of a Senedd election petition and other proceedings under this Part.

(2) The costs allowed in respect of a Senedd election petition may not be higher than the costs that would be allowed in any action, cause or matter in the High Court on a standard basis.

(3) Where any costs or sums are ordered by an election court or otherwise under this Part to be paid by any person, those costs or sums may be recovered accordingly and—

(a) will be payable from that person to the person to whom they are to be paid, or

(b) if payable to the Treasury, will be a debt due to His Majesty.

Service of notices

134

(1) Any notice, legal process or other document required to be served on any person for the purposes of this Part, may be served—

(a) by delivering it to that person,

(b) by leaving it at that person’s last known address in the Senedd constituency for which the election was held,

(c) by sending it by post via a registered letter or recorded delivery service to that person’s last known address in the Senedd constituency for which the election was held, or

(d) if it relates to proceedings before any court, in such manner as the court may direct.

(2) In proving service by post under this article, it will be sufficient to prove that the letter was prepaid, properly addressed, and registered or recorded with the postal operator (within the meaning of Part 3 of the Postal Services Act 2011⁶⁸).

Computation of time for purposes of Part 4

135

Article 38 (computation of time for purposes of Part 3) applies in computing any period of time for the purposes of this Part as it applies for the purposes of Part 3.

PART 5 — Miscellaneous and supplemental

136

The Town and Country Planning (Control of Advertisements) Regulations 1992⁶⁹ have effect in relation to the display, on any site in Wales, of an advertisement relating specifically to a Senedd election as those Regulations have effect in relation to the display of an advertisement relating specifically to a parliamentary election.

Senedd constituencies not wholly within a county or county borough

137

(1) Subject to paragraph (4), paragraphs (2) and (3) apply where a Senedd constituency is not conterminous with, or wholly situated in, a county or county borough.

(2) The registration officer for any part of a Senedd constituency must consult the returning officer for that constituency as to the form of—

(a) the register,

(b) the electors lists, or

to ensure they are in a form similar to those used elsewhere in the constituency.

(3) The registration officer for any part of a Senedd constituency must supply the returning officer for that constituency with a copy of the lists compiled under articles 8 and 10(8) upon their completion.

(4) Paragraphs (2) and (3) do not apply when the registration officer and the returning officer for the constituency is the same person.

Accessibility of certain documents

138

(1) Paragraph (2) applies to any document, apart from the nomination paper and the ballot paper, which is required or authorised by this Order to be given to voters or displayed in any place for the purpose of a Senedd election.

(2) The person who is required or authorised to give or display the document must give, display or otherwise make available in such form as may be appropriate—

(a) the document in Braille;

(b) the document in languages other than Welsh and English;

(d) other means of making the information contained in the document accessible to persons who might not otherwise have reasonable access to the information.

(3) The returning officer at a Senedd election must cause to be displayed at every polling station in the election an enlarged sample copy of the ballot paper.

(4) The sample copy mentioned in paragraph (3)—

(a) must have printed, both at the top and immediately below the list of candidates, the words “PLEIDLEISIWCH UNWAITH YN UNIG AR Y PAPUR PLEIDLEISIO. PEIDIWCH Â RHOI UNRHYW FARC ARALL AR Y PAPUR PLEIDLEISIO NEU MAE’N BOSIBL NA CHAIFF EICH PLEIDLAIS EI CHYFRIF” and “VOTE ONLY ONCE ON THE BALLOT PAPER. PUT NO OTHER MARK ON THE BALLOT PAPER OR YOUR VOTE MAY NOT BE COUNTED”;

(b) may include a translation, below the second occurrence of the words referred to in sub-paragraph (a), of those words into such other languages as the returning officer considers appropriate.

(5) The returning officer at a Senedd election must provide at the polling station for which they are responsible, an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially sighted.

(6) The sample copy mentioned in paragraphs (3) and (5) must be clearly marked as a specimen provided only for the guidance of voters.

Forms: general

139

(1) The forms set out in this Order, apart from the ballot paper to be used at elections set out in Schedule 10, may be used with such variations as the circumstances may require.

(2) Without prejudice to the power conferred by paragraph (1), where any form to which that paragraph applies is set out in English first and then in Welsh, that form may be varied so that—

(a) the Welsh and English parts are combined, or

(b) it is set out in Welsh first and then in English.

(3) Where any person is required to complete a form referred to in paragraph (2), such form may be validly completed in either the Welsh or English parts.

Public notices and declarations

140

(1) Subject to paragraph (2), a public notice required by or under this Order to be given by a returning officer at a Senedd election must be given by posting the notice—

(a) online, and

(b) in such other ways as the returning officer considers appropriate.

(2) In giving public notice in accordance with paragraph (1), the returning officer must take reasonable steps to ensure that the contents of the document are brought to the attention of the public.

(3) Where this Order authorises a declaration to be made before a person, that person may take that declaration.

Electronic applications, notices and signatures

141

(1) The requirement in this Order that any application, notice, certificate, representation or objection must be in writing is satisfied where, apart from the usual meaning of that expression, the text of it is—

(a) transmitted by electronic means,

(b) received in legible form, and

(2) The requirement in this Order for an application, notice, certificate, representation or objection to be signed is satisfied, as an alternative to a signature given by hand, where there is—

(a) an electronic signature incorporated into, or logically associated with, a particular electronic communication, and

(b) the certification by any person of such a signature.

(3) For the purposes of this Order, an electronic signature includes anything in electronic form that purports to be so incorporated or associated for the purpose of being used in establishing the authenticity of the communication, the integrity of the communication, or both.

(4) An electronic signature made in accordance with paragraphs (2) and (3) is certified by any person if that person, whether before or after the making of the communication, has made a statement confirming that—

(a) the signature,

(b) a means of producing, communicating or verifying the signature, or

is, either alone or in combination with other factors, a valid means of establishing the authenticity of the communication, the integrity of the communication, or both.

Publication of and inspection of documents

142

(1) Any failure to publish a document in accordance with this Order does not invalidate the document, but this provision does not relieve any person from any penalty for such a failure.

(2) Where a document is made available for inspection, unless any provision of this Order provides otherwise, any person may make a copy, whether in handwriting or by other means, of the whole or any part of such a document.

Interference with notices etc.

143

Any person who without lawful authority destroys, mutilates, defaces or removes any notice published by a registration officer in connection with their registration duties under this Order, or any copies of a document which have been made available for inspection in pursuance of those duties, is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Premises used for election purposes

144

In relation to premises in Wales, section 65(6) of the Local Government Finance Act 1988⁷⁰ has effect as if—

(a) the reference to public meetings in furtherance of a person’s candidature at a parliamentary or local government election included a reference to public meetings promoting a particular result at a Senedd election, and

(b) the reference to use of a room by a returning officer for the purpose of taking the poll in a parliamentary or local government election included a reference to use of a room by a returning officer for the purpose of taking the poll in a Senedd election in accordance with Schedule 5 to this Order.

Dissolution of the Senedd

145

The “minimum period” for the purpose of section 3(2)(a) of the 2006 Act is a period of 21 days, calculated in accordance with rule 2 of Schedule 5.

Consequential amendments

146

Schedule 11 makes consequential amendments relating to this Order.

SCHEDULE 1 — Absent voting at Senedd elections

General requirements for applications for an absent vote

1

(1) Applications under article 6 (absent vote at Senedd elections for a particular or an indefinite period), 7 (absent vote at a particular Senedd election), 9 (proxies at Senedd elections) or 10 (voting as proxy at Senedd elections) must state—

(a) the applicant’s full name,

(b) except in the case of an application under article 10(4) (an application to vote by post as proxy) and (7) (application for ballot paper to be sent to a different address from that shown in the record), the address in respect of which the applicant is registered or has applied to be, or is treated as having applied to be, registered in the register of electors,

(c) in the case of an application under article 10, the proxy’s address, together with the name of the elector for whom the proxy will act as proxy, and the elector’s address for the purposes of paragraph (b),

(d) in the case of an application to vote by post, the address to which the ballot paper is to be sent,

(e) in the case of an application to vote by proxy, the grounds on which the elector claims to be entitled to an absent vote,

(f) in the case of a person who is unable to provide a signature, the reasons for the applicant’s request for a waiver of any requirement under article 6, 7, 8 or 10 to provide a signature, and the name and address of any person who has assisted with the completion of the application, and

(g) where the applicant has, or has applied for, an anonymous entry, that fact.

(2) The application must be made in writing and be dated.

(3) Where an application is required to contain a signature and date of birth, in order to be capable of electronic scanning into the record, this information must be configured as follows—

(a) the signature must appear against a background of white unlined paper of at least five centimetres long and two centimetres high, and

(b) the applicant’s date of birth must be set out numerically configured in the sequence of date, month, year, namely [d][d] [m][m] [y][y][y][y].

(4) Where the application contains a request that the registration officer dispense with a requirement for a signature, sub-paragraph (3)(a) will not apply.

(5) An application which is made—

(a) under article 6(1), 9(6) or 10(4)(a), either for an indefinite period or for the period specified in the application, or

(b) under article 7(1), (2), (3), (4), 9(7) or 10(7), for a particular Senedd election,

must state the period for which it is made, but where the poll for a Senedd election falls on the same day as the poll at another election, the same application may be used for both elections.

(6) Where an application is made to vote by proxy, it must include an application for the appointment of a proxy which meets the requirements of paragraph 6.

(7) A registration officer may satisfy themselves—

(a) that an application under article 6, 7, 9 or 10 meets any requirement that it has been signed by the applicant and states the applicant’s date of birth by referring to any signature and date of birth—

(i) previously provided by the applicant to the registration officer or the returning officer, or

(ii) previously provided by the applicant to the county or county borough council, or registrar of births and deaths, which the registration officer is authorised to inspect for the purposes of their registration duties, or

(b) as to whether the applicant is unable to provide a signature or a consistent and distinctive signature due to disability or inability to read or write.

(8) For the purposes of sub-paragraph (1)(b), the address in respect of which the applicant is or has applied to be, or is treated as having applied to be, registered includes—

(a) in the case of a service voter, the address given in the service declaration in accordance with section 16(1)(d) of the 1983 Act⁷¹,

(b) in the case of a person to whom section 7 of the 1983 Act⁷² applies (patients in mental hospitals who are not detained offenders or on remand), the address of the mental hospital or the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act⁷³ (notional residence: declarations of local connection),

(c) in the case of a person to whom section 7A of the 1983 Act⁷⁴ applies (persons remanded in custody etc.), the address of the place at which that person is detained or the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act,

(d) in the case of a homeless person within the meaning of section 7B(2)(c) of the 1983 Act, the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act, and

(e) in the case of a person who is, or has been, a child looked after by a local authority, the address at which they are resident, or the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act.

Additional requirements for applications for ballot papers to be sent to different address from that stated in application

2

(1) Sub-paragraph (2) applies where—

(a) in the case of an application to vote by post under article 6(1) or (8) or 7(1), the addresses stated in accordance with paragraph 1(1)(b) and (d) are different, or

(b) in the case of an application by a proxy to vote by post under article 10(4), the proxy’s address stated in accordance with paragraph 1(1)(c) and the address stated in accordance with paragraph 1(1)(d) are different.

(2) The application must set out why the applicant’s circumstances will be or are likely to be such that the applicant requires the ballot paper to be sent to the address stated in accordance with paragraph 1(1)(d).

(3) This paragraph does not apply where an applicant has, or has applied for, an anonymous entry.

Additional requirements for applications for ballot papers to be sent to different address from that shown in the record kept under article 6 or 10

3

(1) Sub-paragraph (2) applies to an application for a person’s ballot paper to be sent to a different address from that shown in the record under—

(a) article 7(4)(a) by a person shown as voting by post in the record kept under article 6(4), or

(b) article 10(7) by a person shown as voting by post in the record kept under article 10(6).

(2) The application must set out why the person’s circumstances will be or are likely to be such that they require the ballot paper to be sent to the alternative address.

(3) This paragraph does not apply where an applicant has, or has applied for, an anonymous entry.

The personal identifiers record

4

(1) The registration officer must maintain a record (“the personal identifiers record”) of the signatures and dates of birth provided by persons whose applications under article 6(1), 7(1) or 10(4)(a) or (b) have been granted.

(2) The personal identifiers record must be kept until the expiry of 12 months from—

(a) the date on which a person is removed from the record kept pursuant to article 6(4) or 10(6), or

(b) the date of the poll for the purposes of which the person’s application for an absent vote was granted under article 7(1) or 10(4)(b).

(3) The personal identifiers record must be kept apart from the other records and lists which the registration officer is required to keep under this Order.

(4) The personal identifiers record must contain the following information in respect of each absent voter on the postal voters list, list of proxies or proxy postal voters list—

(a) the absent voter’s name,

(b) the absent voter’s date of birth, and

(c) the absent voter’s signature, or a record of waiver by the registration officer of the requirement for the signature.

(5) The registration officer may disclose information held in the personal identifiers record to—

(a) any candidate, or agent appointed under paragraph 6 of Schedule 2, attending proceedings on receipt of postal ballot papers, in accordance with and for the purposes referred to in paragraphs 23, 26 and 27 of that Schedule;

(b) any person attending proceedings on receipt of postal ballot papers, who is entitled to do so by virtue of any of sections 6A to 6D of the 2000 Political Parties Act⁷⁵, but only to the extent required to permit them to observe the proceedings.

Notification of rejected postal voting statement

5

(1) Where an absent voter, whether an elector or a proxy, appears on the list created under paragraph 26(4) of Schedule 2 (lists of rejected postal ballot papers)—

(a) the registration officer responsible for the personal identifiers record that contains information in respect of the absent voter must, subject to sub-paragraph (2), notify that person, and the elector if the absent voter is a proxy, that the ballot paper concerned was rejected because the returning officer was not satisfied that the postal voting statement was duly completed,

(b) the registration officer must send the notification within the period of 3 months beginning with the date of the poll at which the ballot paper was rejected, and

(c) the notification must include information as to which of the specified reasons referred to in paragraph 26(5) of Schedule 2 applied to the absent voter’s postal voting statement.

(2) The registration officer is not obliged to send a notification—

(a) to any person who is no longer shown as voting by post in the relevant record at the time the registration officer proposes to send out the notification, or

(b) where the registration officer suspects that an offence may have been committed in relation to the ballot paper, postal voting statement or the absent voter’s registration as an elector.

(3) A notification issued under sub-paragraph (1) may also include any other information that the registration officer considers appropriate, but save for the elector’s, or the proxy’s, name, a notification must not include any information held on the personal identifiers record.

Additional requirements for applications for appointment of a proxy

6

An application for the appointment of a proxy under article 6 or 7 must state the full name and address of the person whom the applicant wishes to appoint as their proxy, together with the family relationship, if any, with the applicant, and—

(a) if it is signed only by the applicant, must contain a statement by the applicant that the applicant has consulted the person so named and that that person is capable of being and willing to be appointed to vote as proxy for the applicant, or

(b) if it is also signed by the person to be appointed, must contain a statement by that person that they are capable of being and willing to be appointed to vote as the applicant’s proxy.

Additional requirements for applications for a proxy vote for a particular or indefinite period on grounds of severe sight-impairment or other disability

7

(1) An application to vote by proxy for a particular or indefinite period under article 6(2) for a reason under article 6(3)(c) (application by reason of severe sight-impairment or other disability) must specify the disability by reason of which the application is made.

(2) Subject to sub-paragraph (5), such an application must be attested and signed by either—

(a) a registered medical practitioner,

(b) a nurse registered on the register maintained by the Nursing and Midwifery Council under article 5 of the Nursing and Midwifery Order 2001⁷⁶ by virtue of qualifications in nursing,

(d) a registered dispensing optician or a registered optometrist within the meaning of section 36(1) of the Opticians Act 1989⁷⁸,

(e) a registered pharmacist as defined by article 3(1) of the Pharmacy Order 2010⁷⁹,

(f) a registered osteopath as defined by section 41 of the Osteopaths Act 1993⁸⁰,

(g) a registered chiropractor as defined by section 43 of the Chiropractors Act 1994⁸¹,

(h) a Christian Science practitioner,

(i) a person registered as a member of a profession to which the Health Professions Order 2001⁸² for the time being extends,

(j) a person who is registered under Part 1 of the Regulation and Inspection of Social Care (Wales) Act 2016⁸³ as the provider of a regulated care home service, within the meaning of that Part, which is provided wholly or mainly to persons aged 18 or over,

(k) the warden of premises forming one of a group of premises provided for persons of pensionable age or disabled persons for which there is a resident warden, where the applicant resides in such premises,

(l) a manager within the meaning of section 145(1) of the Mental Health Act 1983⁸⁴ or on behalf of such a manager,

(m) a person registered in a register for social workers maintained in accordance with section 80 of the Regulation and Inspection of Social Care (Wales) Act 2016⁸⁵,

(n) a person registered in the register of social workers in England maintained under section 39(1) of the Children and Social Work Act 2017⁸⁶, or

(o) a person registered as either a physician associate or an anaesthesia associate under the Anaesthesia Associates and Physician Associates Order 2024⁸⁷.

(3) A person (“P”) may only attest an application—

(a) by virtue of any of paragraphs (a) to (i) of sub-paragraph (2) if—

(i) P is treating the applicant for the disability specified in the application,

(ii) the applicant is receiving care from P in respect of that disability, or

(iii) P is a social worker who qualifies by virtue of sub-paragraph (2)(i), and has arranged care or assistance for the applicant in respect of their disability, or

(b) by virtue of sub-paragraph (2)(m) if—

(i) P is treating the applicant for the disability specified in the application,

(ii) the applicant is receiving care from P in respect of that disability, or

(iii) P has arranged care or assistance for the applicant in respect of the disability.

(4) Where P attests an application, subject to sub-paragraph (6), P must state—

(a) their name and address and the provision in sub-paragraph (2) under which they may attest the application,

(b) where they attest the application under sub-paragraph (3)(a), that—

(i) they are treating the applicant for the disability specified in the application, or

(ii) the applicant is receiving care from them in respect of that disability,

(i) they are treating the applicant for the disability specified in the application,

(ii) the applicant is receiving care from them in respect of that disability, or

(iii) they have arranged care or assistance for the applicant in respect of that disability, and

(d) that, to the best of their knowledge and belief—

(i) the applicant has the disability specified in the application and cannot reasonably be expected to go in person to their allotted polling station, or to vote unaided there, by reason of that disability, and

(ii) the disability specified in the application is likely to continue either indefinitely or for such period as may be specified by the person attesting the application.

(5) Sub-paragraphs (2) to (4) do not apply where—

(a) the application is based on the applicant’s severe sight-impairment and the applicant is registered, in a register kept under section 18(1) of the Social Services and Well-being (Wales) Act 2014⁸⁸, as a severely sight-impaired person by the local authority which is specified in the application,

(b) the application states that the applicant is in receipt of the higher rate of the mobility component of a disability living allowance, payable under section 73 of the Social Security Contributions and Benefits Act 1992⁸⁹, because of the disability specified in the application,

(c) the application states that the applicant is in receipt of the enhanced rate of the mobility component of personal independence payment, payable under section 79(2) of the Welfare Reform Act 2012⁹⁰, because of the disability specified in the application, or

(d) the applicant is in receipt of an armed forces independence payment under article 24A of the Armed Forces and Reserve Forces (Compensation Scheme) Order 2011⁹¹, because of the disability specified in the application.

(6) A person who attests an application by virtue of sub-paragraph (2)(l) must, instead of the matters specified in sub-paragraph (4)(a), state—

(a) their name,

(b) their position in the hospital at which the applicant is liable to be detained or at which the applicant is receiving treatment,

(d) in the case of an applicant who is liable to be detained in hospital, the statutory provision under which the applicant is liable to be so detained.

(7) The fact that an applicant is registered as severely sight-impaired by a local authority in Wales in a register kept under section 18(1) of the Social Services and Well-being (Wales) Act 2014 will be deemed sufficient evidence that the applicant is eligible for an absent vote on the grounds set out in article 6(3)(c).

(8) In this paragraph, “the allotted polling station” in relation to an elector, means the polling station allotted or likely to be allotted to the elector under rule 34 of Schedule 5.

Additional requirements for applications for a proxy vote for a particular or indefinite period based on occupation, service, employment or attendance on a course

8

(1) An application to vote by proxy for a particular or indefinite period under article 6(3)(d) and (e) must state—

(a) whether the occupation, service or employment in respect of which it is made is that of the applicant or the applicant’s spouse or civil partner, or whether it is the applicant or the applicant’s spouse or civil partner who is attending the course provided by an educational institution in respect of which the application is made,

(b) the nature of the occupation, service, employment or course provided by an educational institution giving rise to the application,

(c) where the person in respect of whose occupation, service or employment it is made, in this paragraph referred to as “the employed person”, is self-employed, that fact, and in any other case, the name of that person’s employer, and

(d) the reason relevant to the general nature of the occupation, service or employment in question, or the course provided by an educational institution, why the applicant or their spouse or civil partner cannot reasonably be expected to go in person to their allotted polling station.

(2) The application must be attested and signed—

(a) where the applicant is self-employed, by a person who—

(i) is aged 16 years or over,

(ii) knows the self-employed person, and

(iii) is not related to the applicant,

(b) where the applicant or their spouse or civil partner is employed, by the employer or by another employee to whom this function is delegated by the employer, or

(c) where the applicant or their spouse or civil partner is attending a course provided by an educational institution, by the director or tutor of that course or by the principal or head of that institution or an employee to whom this function is delegated by the principal or head.

(3) The person attesting an application under sub-paragraph (2) must—

(a) where the applicant is the employed person, the self-employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of sub-paragraph (1)(a) to (d) are true, or

(b) where the applicant is the spouse or civil partner of the employed person, the self-employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of sub-paragraph (1)(a) to (c) are true.

(4) The person attesting an application under sub-paragraph (2) must also state—

(a) in the case of a person who attests under sub-paragraph (2)(a), their name and address, and that they are aged 16 years or over, know the self-employed person, but are not related to that person;

(b) in the case of a person who attests under sub-paragraph (2)(b), either that they are the employer of the employed person or the position they hold in the employment of that employer;

(5) For the purpose of sub-paragraphs (2)(a) and (4)(a), one person (“A”) is related to another (“B”) if A is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of B.

(6) In this paragraph, the “allotted polling station” in relation to an elector, means the polling station allotted or likely to be allotted to the elector under rule 34 of Schedule 5.

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

9

(1) This paragraph applies to an application under article 7(2) (absent vote at a particular Senedd election).

(2) The application must set out why the applicant’s circumstances on the date of the poll for that election in respect of which it is made will be, or are likely to be, such that the applicant cannot reasonably be expected to vote in person at their allotted polling station.

(3) Where an application under article 7(2)—

(a) is made on the grounds of the applicant’s disability, and

(b) is made after 5.00 p.m. on the sixth day before the date of the poll at the election for which it is made,

the requirements of paragraphs 1 and 7 apply.

(4) Where an application mentioned in sub-paragraph (3) is made, the person who attests the application must state to the best of their knowledge and belief, in addition to those matters specified in paragraph 6, the date upon which the applicant became disabled.

(5) The requirements of paragraph 10 apply where an application under article 7(2)—

(a) is made on grounds relating to the applicant’s occupation, service or employment, and

(b) is made after 5.00 p.m. on the sixth day before the date of the poll at the election for which it is made.

(6) Where a person to whom article 5(8) and (9) applies, makes an application under article 7(2) after 5.00 p.m. on the sixth day before the date of the poll at the election for which it is made, the requirements of sub-paragraph (7) apply.

(7) Where an application mentioned in sub-paragraph (6) is made—

(a) the application must also state the name and address of the hospital at which the applicant is liable to be detained,

(b) the application must be attested by or on behalf of a manager responsible for the administration of the hospital, within the meaning of section 145(1) of the Mental Health Act 1983, at which the applicant is liable to be detained, and

(i) the name of the person attesting the application,

(ii) the position of that person in the hospital at which the applicant is liable to be detained,

(iii) that that person is authorised to make the attestation, and

(iv) the statutory provision under which the applicant is liable to be detained in the hospital.

(8) This paragraph does not apply where the applicant has an anonymous entry.

(9) In this paragraph, the “allotted polling station” in relation to an elector, means the polling station allotted or likely to be allotted to the elector under rule 34 of Schedule 5.

Additional requirements for applications for an emergency proxy vote in respect of a particular election: grounds relating to occupation, service or employment

10

(1) This paragraph sets out the requirements referred to in paragraph 9(5).

(2) The application must, in addition to providing the information required by paragraph 9(2), state—

(a) where the applicant is employed, the name of the applicant’s employer, and in any other case, the nature of the applicant’s occupation or service,

(b) that the reason provided in accordance with paragraph 9(2) relates to the applicant’s occupation, service or employment, and

(3) Sub-paragraphs (4), (5) and (6) apply unless the applicant is or will be registered as a service voter.

(4) The application must be attested and signed—

(a) where the applicant is employed, by the applicant’s employer or by another employee to whom this function is delegated by the employer, or

(b) in any other case, by a person who—

(i) is aged 16 years or over,

(ii) knows the applicant, and

(iii) is not related to the applicant.

(5) The person attesting an application under sub-paragraph (4) (“the attestor”) must certify that the statements required by sub-paragraph (2) and the information required by paragraph 9(2) are true to the best of the attestor’s knowledge and belief.

(6) The attestor must also state—

(a) the attestor’s name and address, and

(b) if the attestor is attesting—

(i) as or on behalf of the applicant’s employer, that the attestor is the applicant’s employer, or the position the attestor holds in relation to that employer, or

(ii) other than as or on behalf of the applicant’s employer, that the attestor is aged 16 years or over and that the attestor knows, but is not related to, the applicant.

(7) For the purposes of this paragraph, one person (“A”) is related to another (“B”) if A is the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of B.

Closing dates for applications

11

(1) An application—

(a) to vote by post under article 6(1) or 7(1), or

(b) from a proxy to vote by post under article 10(4),

must be disregarded for the purposes of any particular Senedd election if it is received by the registration officer after 5.00 p.m. on the eleventh day before the date of the poll at that election.

(2) Subject to sub-paragraph (3) an application—

(a) to vote by proxy under article 6(2) or 7(2), or

(b) for the appointment of a proxy under article 9(6) or (7),

must be disregarded for the purposes of any particular Senedd election if it is received by the registration officer after 5.00 p.m. on the sixth day before the date of the poll at that election.

(3) Where an application under article 7(2) is made—

(a) on the grounds of the applicant’s disability and the applicant became disabled after 5.00 p.m. on the sixth day before the date of the poll at the election for which it is made,

(b) on grounds relating to the applicant’s occupation, service or employment and the applicant became aware of those grounds after 5.00 p.m. on the sixth day before the date of the poll at the election for which it is made, or

the application, or an application under article 9(7) made by virtue of that application, must be refused if it is received after 5.00 p.m. on the day of the poll at the election for which it is made.

(4) An application—

(a) by an absent voter to alter their choice as to the manner of absent voting under article 6(6) or (8),

(b) by a postal voter for their ballot paper to be sent to a different address or to vote instead by proxy at a particular election under article 7(4), or

(c) from a proxy postal voter for their ballot paper to be sent to a different address at a particular election under article 10(7),

must be refused for the purposes of any particular Senedd election if it is received by the registration officer after 5.00 p.m. on the eleventh day before the date of the poll at that election.

(5) The following must be disregarded for the purposes of any particular Senedd election if it is received by the registration officer after 5.00 p.m. on the eleventh day before the date of the poll at that election for which it is made—

(a) an application under article 6(5)(a) by an elector to be removed from the record kept under article 6(4),

(b) an application under article 10(10)(a) by a proxy to be removed from the record kept under article 10(8), and

(6) Any application or notice mentioned in this paragraph must be disregarded for the purposes of a particular Senedd election if, before the application or notice is considered by the registration officer, the elector or proxy has returned a postal ballot paper to the returning officer for the Senedd constituency to which it relates, except where it has been returned in accordance with paragraph 14 or 15 of Schedule 2 (spoilt or lost postal ballot papers).

(7) In computing a period of days for the purposes of this paragraph, the following days are to be disregarded—

(a) a Saturday;

(b) a Sunday;

(d) Christmas Day;

(e) Good Friday;

(f) a day that is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971⁹²;

(g) a day appointed for public thanksgiving or mourning.

Grant or refusal of applications

12

(1) A decision by the registration officer to grant an application to vote by post must be notified to the applicant.

(2) Where the registration officer grants an application for the appointment of a proxy, the registration officer must confirm in writing to the elector that the proxy has been appointed, together with the proxy’s name and address and the duration of the appointment.

(3) The proxy paper to be issued by the registration officer on the appointment of a proxy must be in form 1 set out in Welsh and English in Schedule 10, but this may be combined with another form of proxy paper if the registration officer is issuing a proxy paper appointing that person as proxy for the same elector in respect of another election or other elections.

(4) Where the registration officer refuses an application for an absent vote the registration officer must notify the applicant of the decision and the reason for it.

(5) The registration officer must notify the applicant where the registration officer grants an application made under—

(a) article 7(4)(a) by a person shown as voting by post in the record kept under article 6(4), or

(b) article 10(7) by a person shown as voting by post in the record kept under article 10(6).

(6) Where a person is removed from the record kept pursuant to article 6(4), the registration officer must, where practicable, notify the person of this and the reason for it.

(7) Where the appointment of a proxy is cancelled by the elector or otherwise ceases to be in force, the registration officer must, where practicable, notify the elector that the appointment has been cancelled or that the appointment has ceased, and the reason for it.

(8) Where under paragraph 11 the registration officer refuses or disregards an application for the purposes of any Senedd election, the registration officer must notify the applicant of this.

(9) At a Senedd election, where the registration officer (“R”) is not the returning officer for a Senedd constituency, or part of a Senedd constituency, R must send to the returning officer details of any application to vote by post which R has granted as soon as practicable after doing so.

Notice of appeal

13

(1) A person wishing to appeal against the decision of a registration officer under article 3(1) (registration and absent voting appeals) must give notice of the appeal and the grounds of the appeal to the registration officer within 14 days of the receipt of the notice given under paragraph 12(4).

(2) The registration officer must forward any such notice to the county court in the manner directed by rules of court together with a statement of—

(a) the material facts which in the registration officer’s opinion have been established in the case,

(b) the registration officer’s decision upon the whole case, and

(3) Where it appears to the registration officer that any notices of appeal received are based on similar grounds, the registration officer must inform the county court of this to enable the court, if it thinks fit, to consolidate the appeals or select a test case.

Cancellation of proxy appointment

14

Where the appointment of a proxy is cancelled by notice given to the registration officer under article 9(9), ceases to be in force under article 9(10), or is no longer in force under article 9(11)(b), the registration officer must—

(a) notify the person whose appointment as proxy has been cancelled, expired, ceases to be or is no longer in force, unless the registration officer has previously been notified by that person that the person no longer wishes to act as proxy, and

(b) remove the name of that person from the record kept under article 6(4).

Inquiries by registration officer

15

(1) The registration officer may, at such times as they think fit, make inquiries of a person who is shown as voting by proxy in the record kept under article 6(4) in pursuance of an application granted on the grounds set out in article 6(3)(c) or (d) (disability, severe sight-impairment, occupation, service or employment), for the purpose of determining whether there has been a material change of circumstances.

(2) Where the grant of an application for a proxy vote for a particular or an indefinite period was based on grounds referred to in article 6(3)(d), or grounds corresponding to those grounds, the registration officer must make the inquiries referred to not later than three years after the granting of the application or the date of the last such inquiry.

(3) The registration officer may treat the failure by a person of whom inquiries have been made under sub-paragraph (1) or (2) to respond within 1 month of the date on which they were made as sufficient evidence of a material change in circumstances.

Requirement to provide fresh signatures at five yearly intervals

16

(1) Every year by 31 January, the registration officer must send to every person who remains an absent voter and whose signature on the personal identifiers record is more than five years old, a notice in writing—

(a) requiring that person to provide a fresh signature, and

(b) informing that person of the date, being six weeks from the date of sending the notice, on which that person will cease to be entitled to vote by post or proxy in the event of a failure or refusal to provide a fresh signature.

(2) The notice must be sent by the registration officer to the current or last known address of the absent voter.

(3) If the absent voter has not responded to the notice within three weeks from the date on which the notice was sent, the registration officer must, as soon as practicable, send a copy of the notice to the absent voter.

(4) Where a notice or copy of a notice is sent by post, the registration officer may use—

(a) a prepaid universal service provider, or

(b) a prepaid commercial delivery firm.

(5) A notice or copy of a notice sent to an absent voter in accordance with sub-paragraph (1) or (3) must be accompanied by a pre-addressed reply envelope and, in the case of a notice or copy of a notice sent to an address in the United Kingdom, return postage must be prepaid.

(6) Upon the expiration of the six week period specified in the notice sent to the absent voter, the registration officer must determine whether the absent voter has failed or refused to provide a fresh signature.

(7) Where the registration officer determines that the absent voter has failed or refused to provide a fresh signature within the specified period, the registration officer must remove that person’s entry from the records kept pursuant to article 6(4) or 10(6) and from the postal voters list, list of proxies or proxy postal voters list kept under article 8(1) to (3) or 10(8).

(8) Where the registration officer removes an absent voter’s entry under sub-paragraph (7)—

(a) the registration officer must inform the absent voter, where appropriate, of the location of the polling station allotted or likely to be allotted to the voter under this Order;

(b) paragraphs 12(4), (6) and (7), and 13 apply as if the registration officer were refusing an application in accordance with this Schedule;

(c) in the case of an entry removed from the proxy postal voters list, the registration officer must also notify the elector who appointed the proxy.

(9) The registration officer must include in the notice to be sent to an absent voter regarding removal from the records kept pursuant to article 6(4) or 10(6) and from the postal voters list, list of proxies or proxy postal voters list kept pursuant to article 8(1) to (3) or 10(8), information—

(a) explaining the effect of such removal, and

(b) reminding the absent voter that they may make a fresh application under article 6(1) or (2), 7(1) or (2) or 10(4) to vote by post or proxy.

Requirement to provide fresh signatures following rejection of postal voting statement

17

(1) The registration officer may require the absent voter to provide a fresh signature for the personal identifiers record where, in relation to a Senedd election—

(a) an absent voter is notified under paragraph 5 that the signature on the absent voter’s postal voting statement does not match the example held on the personal identifiers record, and

(b) the absent voter continues to be shown in the relevant record as voting by post.

(2) In doing so the registration officer must issue a notice in writing to the absent voter—

(a) requiring the absent voter to provide a fresh signature, and

(b) informing the absent voter of the date, being six weeks from the date of sending the notice, on which the absent voter would cease to be entitled to vote by post in the event of a failure or refusal to provide a fresh signature.

(3) The registration officer must, if the absent voter has not responded to the notice within three weeks from the date on which it was sent, as soon as practicable send a copy of the notice to the absent voter.

(4) The notice and any copy must be sent by the registration officer to the absent voter’s current or last known address.

(5) Where the notice or a copy of the notice is sent by post, the registration officer may use—

(a) a prepaid universal service provider, or

(b) a prepaid commercial delivery firm.

(6) The notice or copy of a notice sent to an absent voter in accordance with sub-paragraph (2) or (3) must be accompanied by a pre-addressed reply envelope and, in the case of a notice or copy of a notice sent to an address in the United Kingdom, the return postage must be prepaid.

(7) As soon as practicable after the date specified in the notice, the registration officer must determine whether the absent voter has failed or refused to provide a fresh signature.

(8) Where the registration officer determines that the absent voter has failed or refused to provide a fresh signature, the registration officer must—

(a) remove the absent voter’s entry from the relevant record, and

(b) so far as applicable, remove the absent voter’s entry from the postal voters list or proxy postal voters list kept under article 8(1) to (3) or 10(8).

(9) Where a registration officer removes an absent voter’s entry from a record or list under sub-paragraph (8)—

(a) the registration officer must inform the absent voter, where appropriate, of the location of the polling station allotted or likely to be allotted to the absent voter under rule 34 of Schedule 5,

(b) article 3 and paragraphs 12(4) and 13 apply as if the registration officer were refusing an application under this Schedule, and

(c) in the case of an entry removed from the record kept under article 10(6), or the proxy postal voters list kept under article 10(8), the registration officer must also notify the elector who appointed the voter that the proxy’s entry has been removed.

(10) The registration officer must include in the notice to be sent to the absent voter regarding the absent voter’s removal from the relevant record and, so far as applicable, the postal voters list or proxy postal voters list kept pursuant to article 8(1) to (3) or 10(8) information—

(a) explaining the effect of such removal, and

(b) reminding the absent voter that they may make a fresh application to vote by post, or in the case of an absent voter removed from the record kept under article 6(4) or the postal voters list kept under article 8(1) and (2), by proxy.

(11) Where an absent voter has provided the registration officer with a fresh signature in response to a notice issued by the registration officer under this paragraph, or in response to a notice issued by the registration officer under any other enactment following the rejection of the absent voter’s postal voting statement at an election or referendum, the registration officer may use that signature and enter it in the records kept in accordance with paragraph 4 and articles 6(11), 7(7) and 10(13).

(12) In this paragraph, the “relevant record” means the record kept under article 6(4) or 10(6).

Records and lists kept under articles 6, 8 and 10

18

(1) Any of the persons listed in sub-paragraph (2) entitled to copies of the full register in accordance with the provisions of regulations 103, 105, 106 and 108 of the 2001 Regulations⁹³, are also entitled, subject to this paragraph and paragraph 19, to request that the registration officer supply free of charge the relevant parts, within the meaning of the 2001 Regulations, of a copy of any information which the registration officer keeps in—

(a) the current version of the information which would, in the event of a particular Senedd election, be included in the postal voters list, the list of proxies or the proxy postal voters list which the registration officer is required to keep under article 8 or 10(8);

(b) the current or final version of the postal voters list, the list of proxies or the proxy postal voters list kept under article 8 or 10(8).

(2) The persons are—

(a) each member of the Senedd for any constituency wholly or partly within the registration area,

(b) an individual candidate or the candidate’s agent,

(d) any person nominated to act for the purposes of this paragraph by the registered nominating officer of a registered political party, provided that not more than one person may be nominated in respect of the same registered political party and registration area.

(3) A request under sub-paragraph (1) must be made in writing and specify—

(a) which records or lists, or the relevant parts of such records or lists, are requested,

(b) whether the request is made only in respect of current lists or whether it includes a request for the supply of any final list, and

(4) A person who obtains a copy of a list under this paragraph may use it only for the permitted purposes specified in paragraph 19, and subject to any restrictions—

(a) specified in that paragraph, or

(b) which would apply to the use of the full register under whichever of regulations 103, 105, 106 and 108 of the 2001 Regulations entitled that person to obtain that document.

(5) The registration officer must supply a current copy of relevant information requested under sub-paragraph (1)(a) or (b) as soon as practicable after receipt of a request that has been made correctly.

(6) The registration officer must supply a final copy of the postal voters list kept under article 8(1) and (2) as soon as practicable after 5.00 p.m. on the eleventh day before the date of the poll, in response to a request that has been duly made under sub-paragraph (1).

(7) As soon as practicable after 5.00 p.m. on the sixth day before the date of the poll, the registration officer must—

(a) make a copy of the lists kept under articles 8 and 10(8) available for inspection at the registration officer’s office in accordance with sub-paragraphs (11) to (16), and

(b) supply a final copy of the postal voters list or the list of proxies in response to every request that has been duly made under sub-paragraph (1).

(8) The registration officer must supply a final copy of the list of proxies kept under article 8(1) and (3), updated to include any additions to those lists made in consequence of any applications granted in accordance with paragraph 9, as soon as practicable after 5.00 p.m. on the date of the poll, to every person who received that list in accordance with sub-paragraph (7)(b).

(9) Any person who has obtained or is entitled to obtain a copy of information covered by sub-paragraph (1) may—

(a) supply a copy of the information to a processor for the purpose of processing the information, or

(b) procure that a processor processes and supplies to that person any copy of the information which the processor has obtained under this paragraph,

for use in respect of the purposes for which that person is entitled to obtain such information.

(10) The provisions contained in paragraphs (2), (3) and (9) of regulation 92 of the 2001 Regulations⁹⁴ apply to the supply and processing of information or lists supplied under this paragraph as they apply to the supply and processing of the full register.

(11) Any person is entitled to request that the registration officer make available for inspection a copy of any information specified in sub-paragraph (1).

(12) A request under sub-paragraph (11) must be made in writing and must specify—

(a) the information, or relevant parts of the information, requested;

(b) whether the request is made only in respect of the current lists or whether it includes a request for the inspection of any final list;

(d) the date on which the inspection of the information is to take place;

(e) whether the inspection is to take printed or data form.

(13) The registration officer must make a copy of the information available for inspection under supervision as soon as practicable after the date of receipt of a request that has been duly made.

(14) Where inspection takes place by providing a copy of the information on a computer screen or otherwise in data form, the registration officer must ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a) search it by electronic means by reference to the name of any person, or

(b) copy or transmit any part of that copy by electronic, or any other means.

(15) A person who inspects a copy of the information, whether a printed copy or in data form, may not—

(a) make copies of any part of it, nor

(b) record any particulars in it,

otherwise than by means of hand-written notes.

(16) Subject to any direction by the Welsh Ministers under section 52(1) of the 1983 Act⁹⁵, any duty on a registration officer to supply a copy or make information available for inspection under this paragraph, imposes only a duty to provide that information in the form in which the registration officer holds it.

(17) For the purposes of this paragraph—

(a) a “current copy” of records or lists is a copy of the records or lists as kept by the registration officer at 9.00 a.m. on the date it is supplied, and

(b) any period of days must be calculated in accordance with paragraph 11(7).

(18) The registration officer must ensure that where information covered by sub-paragraph (1)(a) is supplied or disclosed in accordance with this paragraph, the registration officer does not supply or disclose any record relating to—

(a) a person who has an anonymous entry, or

(b) the proxy of a person who has an anonymous entry.

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

19

(1) The provisions of regulations 94 and 96 of the 2001 Regulations⁹⁶ apply to information covered by paragraph 18(1) as they apply to restrictions on the supply, disclosure and use of the full register, except that permitted purposes for the purpose of paragraph 18(1) means either—

(a) purposes mentioned in article 84A(1) of the UK GDPR⁹⁷ (archiving in the public interest, scientific or historical research or statistics), or

(b) electoral purposes.

(2) In this paragraph, “the UK GDPR” has the meaning given in section 3(10) of the Data Protection Act 2018⁹⁸.

Protection of information about persons aged under 16

20

(1) Subject to sub-paragraph (2), a young person’s information, other than any information by which the person’s date of birth may be ascertained, may be disclosed in a version or copy of an absent voters record or list supplied in accordance with the relevant provisions of this Order in relation to Senedd elections, but only so far as it is necessary to do so for the purposes of, or in connection with, an election at which the person will be entitled to vote.

(2) Save for sub-paragraph (1), a registration officer must not publish, supply or otherwise disclose a young person’s information, except in accordance with section 25, or regulations made under section 26, of the Senedd and Elections (Wales) Act 2020⁹⁹.

(3) In this paragraph—

“absent voters record or list” (“cofnod neu restr o bleidleiswyr absennol”) is to be construed in accordance with section 24(2) of the Senedd and Elections (Wales) Act 2020, and also includes the records kept under articles 6(11) and 10(13);

“young person’s information” (“gwybodaeth person ifanc”) is to be construed in accordance with section 24(2) of the Senedd and Elections (Wales) Act 2020¹⁰⁰.

Marked register for polling stations

21

To indicate that an elector or an elector’s proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter “A” must be placed against the entry for that elector in any copy of the register, or part of it, provided for a polling station.

Certificate of employment at a Senedd election

22

The certificate as to the employment of constables and persons employed by a returning officer on the date of the poll at a Senedd election, to enable such a constable or person to vote elsewhere than at that person’s own polling station, must be in form 2 set out in Welsh and English in Schedule 10 and must be signed, in the case of a constable, by an officer of a police force of or above the rank of inspector.

Notification by registration officer

23

Where a registration officer is required by this Schedule to notify any person, such notification must be in writing and may be sent by post—

(a) in the case of a person other than a service voter, to the address provided by that person for the purpose of such notification or of any record or, if there is no such address, to the last known place of abode of that person;

(b) in the case of a service voter, to any address provided by the service voter for the purpose of such notification or of any record, or to the address provided for the purpose by the appropriate government department, as defined by section 59(3B) of the 1983 Act¹⁰¹ or the British Council.

SCHEDULE 2 — Issue and receipt of postal ballot papers

Interpretation

1

For the purposes of this Schedule—

“agent” (“asiant”) includes an election agent and a person appointed to attend in the election agent’s place;

“ballot paper envelope” (“amlen papur pleidleisio”) and “covering envelope” (“prif amlen”) means the envelopes referred to in paragraph 11;

“issue” (“dyroddiad”) includes the original and any subsequent issue;

“personal identifiers record” (“cofnod dynodyddion personol”) means the record kept in accordance with paragraph 4 of Schedule 1;

“postal ballot box” (“blwch pleidleisio drwy’r post”) means the ballot box referred to in paragraph 18(1)(b);

“postal voters’ ballot box” (“blwch pleidleisio pleidleiswyr drwy’r post”) means the ballot box referred to in paragraph 18(1)(a);

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