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The Senedd Cymru (Representation of the People) Order 2025

Type Welsh-Statutory-Instrument

Publication 2025-07-09

Last updated 2026-02-05

State In force

Jurisdiction Wales

Department King's Printer of Acts of Parliament

Source legislation.gov.uk

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articles 1

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“receptacle for ballot paper envelopes” (“daliedydd ar gyfer amlenni papurau pleidleisio”), “receptacle for postal voting statements (verification procedure)” (“daliedydd ar gyfer datganiadau pleidleisiau drwy’r post (y weithdrefn wirhau)”); “receptacle for rejected ballot paper envelopes” (“daliedydd ar gyfer amlenni papurau pleidleisio a wrthodwyd”); “receptacle for rejected votes” (“daliedydd ar gyfer pleidleisiau a wrthodwyd”) and “receptacle for rejected votes (verification procedure)” (“daliedydd ar gyfer pleidleisiau a wrthodwyd (y weithdrefn wirhau)”) means the receptacles referred to in paragraph 18(6);

“spoilt postal ballot paper” (“papur pleidleisio drwy’r post a ddifethwyd”) means a ballot paper referred to in paragraph 14(1);

“valid postal voting statement” (“datganiad pleidlais drwy’r post dilys”) means a postal voting statement, which, in accordance with paragraph 23, the returning officer is satisfied has been duly completed.

Issue of postal ballot papers

Combination of polls

2

Where the polls at elections are taken together under article 15(1) (combination of polls at Senedd and local government elections), the proceedings on the issue and receipt of postal ballot papers in respect of each election may, if the returning officers for those elections agree, be taken together.

Form of postal voting statement

3

(1) Where the poll at a Senedd election is taken alone, the postal voting statement sent with the postal ballot paper to a postal voter must be in form 3 set out in Welsh and English in Schedule 10.

(2) Where the proceedings on the issue and receipt of postal ballot papers at a Senedd election are taken together with those proceedings at a local government election under paragraph 2, the postal voting statement sent with the postal ballot papers to a postal voter must be in form 4 set out in Welsh and English in Schedule 10.

(3) Where the poll at a Senedd election is taken together with a poll at another election under article 15(1) or article 16(1) or (3), in any part of the constituency, but where the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2, the postal voting statement sent with the postal ballot paper to a postal voter for use in that part of the constituency in which polls at more than one election are taking place, must be in form 5 set out in Welsh and English in Schedule 10.

Persons entitled to be present at proceedings on issue of postal ballot papers

4

(1) Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the 2000 Political Parties Act¹⁰² (representatives of the Electoral Commission and accredited observers), no person may be present at the proceedings on the issue of postal ballot papers other than the returning officer and members of the returning officer’s staff.

(2) The returning officer must be the relevant officer for the purposes of section 6E of that Act (powers of the relevant officer to limit attendance and the conduct of observers).

Persons entitled to be present at proceedings on receipt of postal ballot papers

5

(1) Subject to paragraph 6, without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the 2000 Political Parties Act, only the following persons may be present at the proceedings on the receipt of postal ballot papers—

(a) the returning officer and returning officer’s staff,

(b) an individual candidate,

(d) an election agent or any person appointed by—

(i) an individual candidate to attend in the place of the candidate’s election agent, or

(ii) the election agent of a registered political party standing nominated, or any person appointed by the registered nominating officer of that party to attend in the place of that party’s election agent, or

(e) any agents appointed under paragraph 6.

(2) The returning officer must be the relevant officer for the purposes of section 6E of the 2000 Political Parties Act.

Appointment of agents to be present at proceedings on receipt of postal ballot papers

6

(1) Subject to sub-paragraph (2), each—

(a) individual candidate, and

(b) election agent for a registered political party standing nominated,

who is entitled to be present at the proceedings on the receipt of postal ballot papers in accordance with paragraph 5, may appoint one or more agents to be present at those proceedings on their behalf.

(2) The returning officer may impose a limit on the number of agents that are appointed in accordance with sub-paragraph (1), but the maximum number of agents authorised by the returning officer must be the same in the case of each individual candidate or election agent for a registered political party standing nominated.

(3) Notice in writing of an appointment under sub-paragraph (1), stating the names and addresses of the persons appointed, must be given by the individual candidate or election agent to the returning officer before the time fixed for the opening of the postal voters’ ballot boxes.

(4) If a notice of appointment under sub-paragraph (3) states more names than are authorised by the returning officer under sub-paragraph (2), the returning officer must, after consulting with the individual candidate or election agent who submitted the notice, determine which of the persons named in the notice are to be taken as having been appointed.

(5) Where the postal ballot papers for more than one election are issued together under paragraph 2, the returning officer to whom notice must be given under sub-paragraphs (3), (6) and (7) is the returning officer who issues the postal ballot papers.

(6) If an agent (“A”) dies or becomes incapable of acting, the individual candidate or election agent for a registered political party may appoint another agent (“B”) in A’s place and must as soon as practicable, give the returning officer notice in writing of B’s name and address.

(7) Agents may be appointed and notice of appointment given to the returning officer by the election agent for an individual candidate who is authorised to make an appointment under sub-paragraph (1).

(8) In this Schedule, references to agents are to be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (1), who are within the number authorised by the returning officer.

(9) Any of the following persons, namely—

(a) an individual candidate, or

(b) the election agent of a registered political party standing nominated,

may do any act or thing which any agent of the individual candidate or of the registered political party, would have been authorised to do, or may assist the agent in doing any such act or thing.

(10) Where in this Schedule any act or thing is required or authorised to be done in the presence of the individual candidates or their agents or the agents of a registered political party standing nominated, the non-attendance of any such person at the time and place appointed for the purpose will not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy

7

The returning officer must make arrangements to ensure that every person attending the proceedings in connection with the issue and receipt of postal ballot papers has been given a notice setting out the provisions of article 35(5) and (7) (requirement of secrecy).

Time when postal ballot papers are to be issued

8

Postal ballot papers and postal voting statements must be issued by the returning officer as soon as it is practicable to do so after the deadline for the delivery of nomination papers.

Procedure on issue of postal ballot paper

9

(1) The number of the elector as stated in the register must be marked on the corresponding number list, next to the number and unique identifying mark of the ballot paper issued to that elector.

(2) A mark must be placed in the postal voters list or the proxy postal voters list against the number of the elector to denote that a ballot paper has been issued to the elector or the elector’s proxy, but without showing the particular ballot paper issued.

(3) The number of a postal ballot paper must be marked on the postal voting statement sent with that paper.

(4) Where postal ballot papers for more than one election are issued together under paragraph 2—

(a) one mark must be placed in the postal voters list or the proxy postal voters list under sub-paragraph (2) to denote that ballot papers have been issued in respect of all of those elections, except that, where ballot papers are not so issued, a different mark must be placed in the postal voters list or proxy postal voters list to identify the election in respect of which the ballot paper was issued, and

(b) the number of each ballot paper must be marked on the postal voting statement under sub-paragraph (3).

(5) Where the poll at a Senedd election is taken with the poll at another election under article 15(1) and (2), or article 16(1) or (3), but the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2, the colour of the postal ballot paper, or colours of the postal ballot papers, must also be marked on the postal voting statement sent with those papers or that paper.

(6) Subject to sub-paragraph (7), the address to which the postal ballot paper, postal voting statement and the envelopes referred to in paragraph 11 are to be sent is—

(a) in the case of an elector, the address shown in the postal voters list;

(b) in the case of a proxy, the address shown in the proxy postal voters list.

(7) Where a person has an anonymous entry in the register, the items specified in sub-paragraph (6) must be sent to the address to which postal ballot papers should be sent—

(a) as shown in the record kept under article 6(4) or 10(6), or

(b) as given in pursuance of an application made under article 7(1) or (2) or 10(4).

Refusal to issue postal ballot papers

10

Where a returning officer is satisfied that two or more entries in either the postal voters list or the proxy postal voters list, or in each of those lists, relate to the same elector, the returning officer must not issue more than one ballot paper in respect of the same elector for the same Senedd election.

Envelopes

11

(1) Sub-paragraphs (2) and (3) prescribe the requirements for the envelopes that must be issued to a postal voter by the returning officer in addition to the ballot paper, or ballot papers, and the postal voting statement issued in accordance with rule 32 of Schedule 5 (postal ballot papers).

(2) The returning officer must issue to a postal voter an envelope (referred to as a “covering envelope”) which must be marked with the letter “B” for the return of—

(a) the postal ballot paper or ballot papers, and

(b) the postal voting statement.

(3) The returning officer must also issue to a postal voter a smaller envelope (referred to as a “ballot paper envelope”) which must be marked with—

(a) the letter “A”;

(b) the words—

(i) “Amlen papur pleidleisio”, and

(ii) “Ballot paper envelope”;

(4) Where the poll at a Senedd election is taken together with the poll at another election under article 15(1) and (2), or article 16(1) or (3), but the proceedings on the issue and receipt of postal ballot papers are not to be taken together under paragraph 2—

(a) the envelope referred to in sub-paragraph (2) must also be marked—

(i) “Prif amlen ar gyfer y papur(au) pleidleisio lliw [nodwch liw’r papur(au) pleidleisio]”, and

(ii) “Covering envelope for the [insert colour of ballot paper(s)] coloured ballot paper(s)”;

(b) on the envelope referred to in sub-paragraph (3), after the words—

(i) “Amlen papur pleidleisio” there must be added the words “ar gyfer y papur(au) pleidleisio lliw [nodwch liw’r papur(au) pleidleisio]”, and

(ii) “Ballot paper envelope” there must be added the words “for the [insert colour of ballot paper(s)] coloured ballot paper(s)”.

Security of marked lists

12

(1) As soon as practicable after the issue of each batch of postal ballot papers, the returning officer must—

(a) make up into a packet the completed corresponding number lists of those ballot papers which have been issued, and

(b) seal the packet.

(2) Until the packet has been sealed in accordance with paragraph 21(9), the returning officer must take all proper precautions for the security of the marked copy of the postal voters list and the proxy postal voters list.

Delivery of postal ballot papers

13

(1) For the purposes of delivering postal ballot papers, the returning officer may use—

(a) a universal service provider,

(b) a commercial delivery firm, or

(2) Where the services of a universal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters must be counted and delivered by the returning officer to the universal service provider or commercial delivery firm, together with a form of receipt which the returning officer must arrange for the universal service provider or commercial provider to endorse.

(3) Postage must be prepaid on envelopes addressed to the postal voters, except where sub-paragraph (1)(c) applies.

(4) Return postage must be prepaid on all covering envelopes where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom.

Spoilt postal ballot paper

14

(1) If a postal voter (“P”) has inadvertently dealt with P’s postal ballot paper or postal voting statement in a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt postal ballot paper”) or a postal voting statement (referred to as “a spoilt postal voting statement”), P may return the spoilt postal ballot paper or the spoilt postal voting statement to the returning officer, either by hand or by post.

(2) Where P returns a spoilt postal ballot paper or spoilt postal voting statement in accordance with sub-paragraph (1), P must also return—

(a) the postal ballot paper, or the postal voting statement, whether spoilt or not,

(b) where postal ballot papers for more than one election have been issued together, including under paragraph 2, all other ballot papers so issued, whether spoilt or not, and

(c) the envelopes supplied for the return of the documents mentioned in sub-paragraph (1) and paragraphs (a) and (b) of this sub-paragraph.

(3) Subject to sub-paragraph (4), where P returns the documents referred to in sub-paragraph (1), and, where applicable, sub-paragraph (2), to the returning officer, the returning officer must issue a replacement postal ballot paper or ballot papers.

(4) Where the returning officer receives the documents referred to in sub-paragraph (1) and, where applicable sub-paragraph (2), after 5.00 p.m. on the day before the day of the poll, the returning officer must only issue a replacement postal ballot paper or ballot papers if P has returned the documents by hand.

(5) Instead of delivering a replacement postal ballot paper in accordance with paragraph 13, where P applies in person—

(a) by 5.00 p.m. on the day before the day of the poll, the returning officer may hand a replacement postal ballot paper to P, or

(b) after 5.00 p.m. on the day before the day of the poll, the returning officer may only hand a replacement postal ballot paper to P.

(6) Paragraphs 5, 6, 7, 9, except sub-paragraph (2), 10 to 12 and, subject to sub-paragraph (5) of this paragraph, 13, apply to the issue of a replacement postal ballot paper under sub-paragraph (3).

(7) Any postal ballot paper or postal voting statement, whether spoilt or not, returned in accordance with sub-paragraph (1) or (2) must be immediately cancelled.

(8) As soon as practicable after cancelling those documents, the returning officer must make up those documents in a separate packet and must seal the packet.

(9) If on any subsequent occasion additional documents are cancelled in accordance with this paragraph, the sealed packet must be opened and the additional cancelled documents included in it and the packet must then be again made up and sealed.

(10) The returning officer must enter in a list kept for the purpose (“the list of spoilt postal ballot papers”)—

(a) the name and number of the elector as stated in the register or, in the case of an elector who has an anonymous entry, the elector’s electoral number alone,

(b) the number of the postal ballot paper, or papers, issued under this paragraph, and

Lost postal ballot papers

15

(1) Where a postal voter (“P”) claims either to have lost or not to have received—

(a) P’s postal ballot paper,

(b) P’s postal voting statement, or

by the fourth day before the day of the poll, P may apply, whether in person or otherwise, to the returning officer for a replacement ballot paper.

(2) An application by P under sub-paragraph (1) must include evidence of P’s identity.

(3) Where P exercises the entitlement conferred by sub-paragraph (1), P must return the following items which P has received and which have not been lost—

(a) the documents referred to in sub-paragraph (1), and

(b) where postal ballot papers for more than one election have been issued together, including under paragraph 2, all other ballot papers so issued.

(4) Any postal ballot paper or postal voting statement returned in accordance with sub-paragraph (3) must be immediately cancelled.

(5) As soon as practicable after cancelling those documents, the returning officer must make up those documents in a separate packet and must seal the packet.

(6) If on any subsequent occasion additional documents are cancelled in accordance with this paragraph, the sealed packet must be opened and the additional cancelled documents included in it and the packet must then be again made up and sealed.

(7) Subject to sub-paragraph (8) where the application is received by the returning officer before 5.00 p.m. on the day of the poll and the returning officer—

(a) is satisfied as to P’s identity, and

(b) has no reason to doubt that P has lost or did not receive the original postal ballot paper or the original postal voting statement or one or more of the envelopes provided for their return,

the returning officer must issue another postal ballot paper, or other postal ballot papers.

(8) The returning officer may refuse to issue another postal ballot paper if the returning officer has reason to doubt that the postal voter has either lost or has not received the original postal ballot paper or the original postal voting statement or one or more of the envelopes provided for their return.

(9) Where the application is received by the returning officer after 5.00 p.m. on the day before the day of the poll, the returning officer may only issue another postal ballot paper or other postal ballot papers, if P applies in person.

(10) The returning officer must enter in a list kept for the purpose (“the list of lost postal ballot papers”)—

(a) the name and number of the elector as stated in the register or, in the case of an elector who has an anonymous entry, the elector’s electoral number alone,

(b) the number of the postal ballot paper which has been lost or not received and of its replacement issued under this paragraph, and

(11) Paragraphs 5, 6, 7, 9, except sub-paragraph (2), 10 to 12, and subject to sub-paragraph (12) of this paragraph, 13, apply to the issue of a replacement postal ballot paper under sub-paragraph (7).

(12) Instead of delivering a replacement postal ballot paper in accordance with paragraph 13, where P applies in person—

(a) by 5.00 p.m. on the day before the day of the poll, the returning officer may hand a replacement postal ballot paper to P, or

(b) after 5.00 p.m. on the day before the day of the poll, the returning officer may only hand a replacement postal ballot paper to P.

(13) Where the returning officer issues another postal ballot paper or other postal ballot papers, under sub-paragraph (7), the ballot paper which has been lost or not received must be cancelled and will have no effect.

(14) When dealing with lost postal ballot papers the returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of this paragraph.

Cancellation of postal ballot papers

16

(1) Where after the deadline for the delivery of nomination papers an application under—

(a) article 6(5)(a) (application to remove a person from record of absent voters),

(b) article 6(6) or 7(4)(b) (application to vote by proxy by person recorded as voting by post),

(d) article 7(4)(a) (application for ballot paper to be sent to a different address),

(e) article 9(6) or (7) (application to vote by proxy),

(f) article 10(7) (application from proxy postal voter for postal ballot paper to be sent to a different address), or

(g) article 10(10)(a) (application from proxy postal voter to be removed from the record of postal proxies),

is granted, or a notice under article 9(9) (cancellation of proxy appointment) is received, and the application or notice is not to be disregarded for the purposes of the election under paragraph 11 of Schedule 1 (closing dates for absent vote applications), the registration officer must notify the returning officer who must immediately cancel any postal ballot paper issued to the elector or proxy and, in the case of an application mentioned in paragraph (d) or (f) of this sub-paragraph, must issue a replacement ballot paper.

(2) Where a person returns a postal ballot paper that has been or is to be cancelled, whether to the registration officer or the returning officer, it must be dealt with as follows—

(a) the ballot paper, together with any other ballot papers, postal voting statements or covering envelopes which are returned to the registration officer, must be given by the registration officer to the returning officer;

(b) any document returned in accordance with this sub-paragraph but not cancelled in accordance with sub-paragraph (1) must be immediately cancelled;

(c) as soon as practicable after cancelling those documents, the returning officer must make up those documents in a separate packet, and must seal the packet, and if on any subsequent occasion additional documents are returned in accordance with this paragraph, the sealed packet must be opened and the additional cancelled documents included in it and the packet must then be again made up and sealed.

(3) The returning officer must enter in a list kept for the purpose of recording postal ballot papers cancelled under this paragraph (“the list of cancelled postal ballot papers”)—

(a) the name and number of the elector as stated in the register or, in the case of an elector who has an anonymous entry, the elector’s electoral number alone,

(b) the number of the cancelled postal ballot paper,

(d) where the postal voter is a proxy, the proxy’s name and address.

(4) Paragraphs 5, 6, 7, 9, except sub-paragraph (2), and 10 to 13 apply to the issue of a replacement postal ballot paper under sub-paragraph (1).

Receipt of postal ballot papers

Notice of opening of postal ballot paper envelopes

17

(1) The returning officer must give not less than 48 hours’ notice in writing of each occasion on which a postal voters’ ballot box and the envelopes contained in it are to be opened to—

(a) each individual candidate,

(b) each party list candidate, and

(2) A notice under sub-paragraph (1) must specify—

(a) the time and place at which the opening of the box and envelopes is to take place, and

(b) the number of agents an individual candidate or registered political party may appoint under paragraph 6 to attend each opening.

Postal ballot boxes and receptacles

18

(1) The returning officer must provide a separate ballot box for the reception of—

(a) the covering envelopes when returned by the postal voters (“postal voters’ ballot box”), and

(b) postal ballot papers (“postal ballot box”).

(2) The returning officer must mark—

(a) the postal voters ballot box with the words “blwch pleidleisio pleidleiswyr drwy’r post” or the words “postal voters ballot box” or both,

(b) the postal ballot box with the words “blwch pleidleisio drwy’r post” or the words “postal ballot box” or both, and

(3) When the first postal voters’ ballot box is opened, the postal ballot box must be shown to the agents present so that they may see that it is empty.

(4) The returning officer must then—

(a) lock up the postal ballot box, if it has a lock, and

(b) place the returning officer’s seal on it, in a way as to prevent it being opened without breaking the seal, and any of the agents present who wish to add their seals may then do likewise.

(5) If it becomes necessary to use more than one postal ballot box, each additional postal ballot box used must be shown to the agents present so that they may see that it is empty, and the returning officer must then—

(a) lock up the postal ballot box, if it has a lock, and

(b) place the returning officer’s seal on it, in a way as to prevent it being opened without breaking the seal, and any of the agents present who wish to add their seals may then do likewise.

(6) The returning officer must provide the following receptacles—

(a) the receptacle for rejected votes,

(b) the receptacle for ballot paper envelopes,

(d) the receptacle for rejected votes (verification procedure), and

(e) the receptacle for postal voting statements (verification procedure).

(7) The returning officer must take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.

Receipt of covering envelope

19

(1) Where, before the close of the poll, the returning officer receives—

(a) a covering envelope, or

(b) an envelope which is stated to include a postal vote,

the returning officer must immediately place that envelope unopened in a postal voters’ ballot box.

(2) Where an envelope, other than a covering envelope issued by the returning officer—

(a) has been opened, and

(b) contains a ballot paper envelope, postal voting statement or ballot paper,

the first-mentioned envelope, together with its contents, must be placed in a postal voters’ ballot box.

(3) The returning officer may collect, or cause to be collected, any postal ballot paper or postal voting statement which by virtue of rule 55 of Schedule 5 (procedure on close of poll) the presiding officer of a polling station would otherwise be required to deliver or cause to be delivered to the returning officer.

(4) Where the returning officer collects, or causes to be collected, any postal ballot paper or postal voting statement in accordance with sub-paragraph (3), the presiding officer must first make it, or them, up into a packet, or packets, sealed with the presiding officer’s own seal and the seals of any polling agents as are present and who wish to add their seals.

Opening of postal voters’ ballot box

20

(1) Each postal voters ballot box must be opened by the returning officer in the presence of any agents, if in attendance.

(2) So long as the returning officer ensures that there is at least one sealed postal voters ballot box for the reception of covering envelopes up to the time of the close of the poll, the returning officer may open the other postal voters ballot boxes prior to that time.

(3) The last postal voters ballot box and all postal ballot boxes must be opened at the counting of the votes under rule 58 of Schedule 5 (the count: steps).

Opening of covering envelopes

21

(1) When a postal voters’ ballot box is opened, the returning officer must count and record the number of covering envelopes, including any envelope which is stated to include a postal vote and any envelope described in paragraph 19(2).

(2) The returning officer must open separately each covering envelope, including an envelope described in paragraph 19(2).

(3) The procedure in paragraph 23 applies where a covering envelope, including an envelope described in paragraph 19(2), contains a postal voting statement.

(4) Where the covering envelope does not contain the postal voting statement separately, the returning officer must open the ballot paper envelope to ascertain whether the postal voting statement is inside.

(5) Where a covering envelope does not contain a postal voting statement, whether separately or not, the returning officer must mark the covering envelope with the words “gwrthodwyd dros dro” or the words “provisionally rejected” or both, attach its contents, if any, and place it in the receptacle for rejected votes.

(6) In carrying out the procedures in this paragraph and paragraphs 23 to 27 the returning officer and the returning officer’s staff—

(a) must keep the ballot papers face downwards and take all proper precautions to prevent any person from seeing the votes made on the ballot papers, and

(b) must not be permitted to view the corresponding number list used at the issue of postal ballot papers.

(7) Where an envelope opened in accordance with sub-paragraph (2) contains a postal voting statement, the returning officer must place a mark in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned.

(8) A mark made under sub-paragraph (7) must be distinguishable from and must not obscure the mark made under paragraph 9.

(9) As soon as practicable after the last covering envelope has been opened, the returning officer must make up into a packet the copies of the marked postal voters list and proxy postal voters list that have been marked in accordance with sub-paragraph (7), and must seal the packet.

Confirming receipt of postal voting statements

22

(1) An elector or a proxy voter who is shown in the postal voters list or proxy postal voters list may make a request, at any time between the first issue of postal ballots under paragraph 9 and the close of poll, that the returning officer confirm—

(a) whether a mark is shown in the marked copy of the postal voters list or proxy postal voters list in a place corresponding to the number of the elector to denote that a postal vote has been returned, and

(b) whether the number of the ballot paper or papers issued to the elector or the elector’s proxy has been recorded on any of the lists of provisionally rejected votes kept by the returning officer under paragraph 26.

(2) A request under sub-paragraph (1) must—

(a) be made by any method specified by the returning officer, and

(b) include any evidence of the voter’s identity requested by the returning officer.

(3) Where a request is received in accordance with sub-paragraph (2), before the returning officer provides confirmation of the matters under sub-paragraph (1), the returning officer must be satisfied that the request has been made by the elector or the elector’s proxy.

(4) When dealing with requests under sub-paragraph (1), the returning officer must have regard to any guidance issued by the Electoral Commission for the purposes of this paragraph.

Procedure in relation to postal voting statements: personal identifier verification

23

(1) This paragraph applies in the circumstances described in paragraph 21(3) (covering envelope contains a postal voting statement).

(2) The returning officer must be satisfied that the postal voting statement is duly completed, and as part of that process must compare the date of birth and the signature on the postal voting statement against the date of birth and signature contained in the personal identifiers record relating to the person to whom the postal ballot paper was addressed.

(3) Where the returning officer is not satisfied that the postal voting statement is duly completed, the returning officer must mark the statement with the word “gwrthodwyd” or the word “rejected” or both, attach to it the ballot paper envelope, or if there is no envelope but there is a ballot paper, the ballot paper, and subject to sub-paragraph (5), place it in the receptacle for rejected votes (verification procedure).

(4) Where the returning officer is not satisfied that the postal voting statement is duly completed but there is neither a ballot paper envelope nor a ballot paper, the returning officer must, subject to sub-paragraph (5), place the statement as it is in the receptacle for rejected votes (verification procedure).

(5) Before placing any postal voting statement in the receptacle for rejected votes (verification procedure), the returning officer must—

(a) show it to any agents present,

(b) permit them to view the entries in the personal identifiers record which relate to the person to whom the postal voting statement was addressed, and

(c) if any of them object to the returning officer’s decision, add the words “gwrthwynebwyd y gwrthodiad” or the words “rejection objected to” or both, to the postal voting statement.

(6) Where the returning officer is satisfied that the postal voting statement is duly completed, the returning officer must examine the number, or numbers, on the postal voting statement against the number, or numbers, on the ballot paper envelope and, where they are the same, the returning officer must place—

(a) the statement in the receptacle for postal voting statements (verification procedure);

(b) the ballot paper envelope in the receptacle for ballot paper envelopes.

(7) The returning officer must open the ballot paper envelope where—

(a) the number on a valid postal voting statement is not the same as the number on the ballot paper envelope, or

(b) the envelope has no number on it, or only one number when the postal voting statement has more than one.

(8) Sub-paragraph (9) applies where—

(a) there is a valid postal voting statement but no ballot paper envelope, or

(b) the ballot paper envelope has been opened under sub-paragraph (7) or paragraph 21(4).

(9) In the circumstances described in sub-paragraph (8), the returning officer must place—

(a) in the postal ballot box, any ballot paper the number on which is the same as the number, or one of the numbers, on the valid postal voting statement;

(b) in the receptacle for rejected votes (verification procedure), any other ballot paper, with the postal voting statement attached and marked with the words “gwrthodwyd dros dro” or the words “provisionally rejected” or both;

(c) in the receptacle for rejected votes (verification procedure), any valid postal voting statement marked with the words “gwrthodwyd dros dro” or the words “provisionally rejected” or both, where—

(i) there is no ballot paper, or

(ii) in the case of a statement on which the number of more than one ballot paper appears, there is not a sufficient number of ballot papers and, in such a case, the returning officer must mark the statement to indicate which ballot paper is missing;

(d) in the receptacle for postal voting statements (verification procedure), any valid statement not disposed of under paragraph (b) or (c) of this sub-paragraph.

Opening of ballot paper envelopes

24

(1) The returning officer must open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

(2) The returning officer must place—

(a) in the postal ballot box, any ballot paper the number on which is the same as the number, or one of the numbers, on the ballot paper envelope;

(b) in the receptacle for rejected votes, any other ballot paper, which must be marked with the words “gwrthodwyd dros dro” or the words “provisionally rejected” or both, and to which must be attached the ballot paper envelope;

(c) in the receptacle for rejected ballot paper envelopes, any ballot paper envelope which must be marked with the words “gwrthodwyd dros dro” or the words “provisionally rejected” or both, because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers, and state, in such a case, the missing ballot paper or papers.

Retrieval of cancelled postal ballot papers

25

(1) The returning officer must comply with sub-paragraphs (2) and (3) where it appears to the returning officer that a cancelled postal ballot paper has been placed—

(a) in a postal voters ballot box,

(b) in the receptacle for ballot paper envelopes, or

(2) The returning officer must, on at least one occasion on which a postal voters ballot box is opened in accordance with paragraph 20, also open any postal ballot box and the receptacle for ballot paper envelopes and—

(a) retrieve the cancelled ballot paper,

(b) show the ballot paper number on the cancelled ballot paper to any agents present,

(c) retrieve the postal voting statement that relates to a cancelled ballot paper from the receptacle for postal voting statements (verification procedure),

(d) attach any cancelled postal ballot paper to the postal voting statement to which it relates,

(e) place the cancelled documents in a separate packet and deal with that packet in the manner provided for by paragraph 14(8) or 16, and

(f) unless the postal ballot box has been opened for the purposes of counting the votes under rule 58 of Schedule 5 (the count: steps), reseal the postal ballot box in the presence of the agents.

(3) Whilst retrieving cancelled ballot papers in accordance with sub-paragraph (2), the returning officer and the returning officer’s staff—

(a) must keep the ballot papers face downwards and must take all proper precautions for preventing any person seeing the votes made on the ballot papers, and

(b) must not be permitted to view the corresponding number list used at the issue of postal ballot papers.

Lists of rejected postal ballot papers

26

(1) In respect of any election, the returning officer must keep three separate lists relating to rejected postal ballot papers.

(2) In the first list, the returning officer must record the ballot paper number of any postal ballot paper which is not accompanied by a valid postal voting statement.

(3) In the second list, the returning officer must record the ballot paper number of any postal ballot paper which is entered on a valid postal voting statement where that ballot paper is not received with the postal voting statement.

(4) In the third list, the returning officer must record for every postal voting statement within the receptacle for rejected votes (verification procedure) immediately prior to sealing—

(a) the elector’s name and address, and the name and address of the proxy if the elector has a proxy,

(b) the elector’s number on the register of electors, and that of the proxy if the elector has a proxy,

(d) any other information relating to the rejection of the postal voting statement that the returning officer considers appropriate, but not the ballot paper number.

(5) The specified reasons that may be given under sub-paragraph (4)(c) for the rejection of a postal voting statement are—

(a) the signature does not match the example held on the personal identifiers record;

(b) the date of birth does not match the one held on the personal identifiers record;

(d) the date of birth field is blank.

Checking of lists kept under paragraph 26

27

(1) Where the returning officer receives a valid postal voting statement without the postal ballot paper, or papers, or all of the papers, to which it relates, the returning officer may, at any time prior to the close of the poll, check the list kept under paragraph 26(2) to see whether the number, or numbers, of a postal ballot paper to which the statement relates is or are entered in that list.

(2) Where the returning officer receives a postal ballot paper without the postal voting statement relating to it, the returning officer may, at any time prior to the close of the poll, check the list kept under paragraph 26(3) to see whether the number of that ballot paper is entered in that list.

(3) The returning officer must conduct the checks required by sub-paragraphs (1) and (2) as soon as practicable after the receipt of packets from every polling station under rule 55 of Schedule 5 (procedure on close of poll).

(4) Where the ballot paper number in the list matches that number on a valid postal voting statement or the postal ballot paper, the returning officer must retrieve that statement or paper.

(5) The returning officer must then take the appropriate steps under this Schedule as though any document earlier marked with the words “gwrthodwyd dros dro” or the words “provisionally rejected” or both, had not been so marked and must amend the document accordingly.

Sealing of receptacles

28

(1) As soon as practicable after the completion of the procedure under paragraph 27(3) to (5), the returning officer must make up into separate packets the contents of—

(a) the receptacle for rejected votes,

(b) the receptacle for rejected ballot paper envelopes,

(d) the receptacle for rejected votes (verification procedure), and

(e) the receptacle for postal voting statements (verification procedure).

(2) After making up the packets in accordance with sub-paragraph (1), the returning officer must seal the packets.

(3) Any documents in those packets marked with the words “gwrthodwyd dros dro” or the words “provisionally rejected” or both, are to be deemed to be marked with the word “gwrthodwyd” or the word “rejected” or both.

Abandoned poll

29

(1) Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the returning officer—

(a) must not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Schedule, and

(b) must, notwithstanding paragraphs 21 to 25, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers (see rules 66 and 67 of Schedule 5).

(2) Sub-paragraph (1) does not apply where postal ballot papers for more than one election have been issued together under paragraph 2.

Forwarding of documents

30

(1) At the same time as the returning officer forwards the documents mentioned in rule 67 of Schedule 5 (delivery of documents to registration officer at contested elections) to the relevant registration officer, the returning officer must also forward to the same registration officer—

(a) any packets referred to in paragraphs 12, 14(8), 15(5), 16(2), 21(9) and 28, subject to paragraph 29, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the constituency for which the election, or elections, was, or were, held,

(b) a completed statement of postal ballot papers in form 6 set out in Welsh and English in Schedule 10, and

(2) Where a Senedd constituency comprises the area of more than one local authority, the returning officer must forward a copy of such extracts of the lists required to be compiled under paragraph 26(4) as are relevant, to each of the registration officers concerned.

(3) Where the poll at a Senedd election is to be taken together with the poll at a police and crime commissioner election under article 16, a separate statement in the form described in sub-paragraph (1)(b) must be completed for the Senedd election.

(4) Where—

(a) any covering envelopes are received by the returning officer after the close of the poll, apart from those delivered in accordance with rule 55(3)(g) of Schedule 5,

(b) any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or

the returning officer must put them unopened in a separate packet, seal up the packet and endorse and forward it at a subsequent date in the manner described in sub-paragraph (1).

(5) Rules 66 and 67 of Schedule 5 (sealing up of ballot papers and delivery of documents to registration officer) apply to any packet or document forwarded under this paragraph except that in applying those rules to the list compiled under paragraph 26(4), the list and any extracts from it are to be treated as if they were a counted ballot paper.

(6) The returning officer must provide a copy of the statement referred to in sub-paragraph (1)(b) to the Electoral Commission, at least 10, but not more than 25, days after the day of the poll.

SCHEDULE 3 — Combination of polls: Senedd and local government elections

PART 1 — General

Returning officers and polling stations

1

Where the polls at a Senedd general election and a local government election are taken together under article 15(1)—

(a) those functions of the returning officer at the local government election which are specified in paragraph 2 must be discharged by the returning officer for a Senedd constituency for such part of the local government area as is situated in the constituency, and

(b) only polling stations used for the Senedd general election are to be used for the local government election.

Functions at combined polls

2

(1) The functions referred to in paragraph 1 are the functions conferred—

(a) in the case of a Senedd election—

(i) by Schedule 5 and which are specified in sub-paragraph (2), and

(ii) by paragraph 19(3) of Schedule 2 (collection of postal ballot papers etc. from polling stations), and

(b) in the case of a local government election, by those rules made under section 36A of the 1983 Act¹⁰³ which correspond to the provisions specified in sub-paragraph (2),

and where the proceedings on the issue and receipt of postal ballot papers at two or more elections are taken together under paragraph 2 of Schedule 2, the functions conferred by that Schedule and by Part 5 of the 2001 Regulations (issue and receipt of postal ballot papers).

(2) The functions referred to in sub-paragraph (1) are those functions in Schedule 5 conferred by—

(a) rule 27 (corresponding number list);

(b) rule 31(2) (notice of situation of polling stations etc);

(c) rule 32 (postal ballot papers) where the proceedings on the issue and receipt of postal ballot papers at two or more elections are taken together under paragraph 2 of Schedule 2 and rule 58 (the count; steps) of Schedule 5;

(d) rule 33 (return of postal ballot papers) where the proceedings on the issue and receipt of postal ballot papers at two or more elections are taken together under paragraph 2 of Schedule 2;

(e) rule 34 (provision of polling stations);

(f) rule 35(1) and (2) (appointment of presiding officers and clerks) to the extent that the paragraph concerns the appointment of presiding officers and clerks to assist them;

(g) rule 37 (equipment of polling stations) as modified by paragraph 8 of this Schedule;

(h) rule 40(1) (notification of requirement of secrecy at polling station);

(i) rule 41(6) (surrender of certificate as to employment);

(j) rule 42(3)(b) (authorisation to order removal from polling station);

(k) paragraphs (2) to (6) of rule 58 (the count: steps) as modified by paragraph 19 of this Schedule.

Modification of provisions about expenses in this Order and the 1983 Act

3

(1) Sub-paragraph (2) applies where those functions of a returning officer at an election which are specified in paragraph 2 are discharged by the returning officer at another election under paragraph 1.

(2) References to the returning officer or the returning officer’s charges or expenditure—

(a) in article 23(1) to (5) and (7) to (9) (payments by and to returning officer),

(b) in article 24 (detailed assessment of returning officer’s account), and

are, to the extent that such functions are discharged in accordance with paragraph 1, to be construed as references to the returning officer who discharges those functions and that returning officer’s charges or expenditure in respect of those functions.

(3) The references in section 36C(3) of the 1983 Act to the returning officer or person acting as returning officer requesting an advance in respect of their expenses are, to the extent that those expenses relate to the functions specified in paragraph 2, to include a reference to the returning officer who under paragraph 1 discharges those functions at the local government election.

(4) In relation to elections the polls at which are taken together under article 15(1), the Welsh Ministers may under article 23(1) include special provision—

(a) for services properly rendered, or expenses properly incurred, in respect of the discharge of functions specified in paragraph 2 by the returning officer who discharges those functions by virtue of paragraph 1, and

(b) in respect of the remuneration of presiding officers and clerks in connection with those functions.

(5) In relation to elections the polls at which are taken together under article 15(1), a county or county borough council may, in fixing a scale under—

(a) section 36C(1) of the 1983 Act (fixing a scale at an election to the council etc), or

(b) section 36C(2) of that Act (fixing a scale at an election for a community within the area of the council etc),

include special provision for expenses incurred in respect of the discharge of functions specified in paragraph 2 by the returning officer who discharges those functions by virtue of paragraph 1, and in respect of the remuneration of presiding officers and clerks in connection with those functions.

PART 2 — Modifications to Schedule 5 to apply where the poll at a Senedd general election is taken together with a poll at a local government election under article 15(1)

Modifications to Schedule 5: general provision

4

Where the poll at a Senedd general election is taken with the poll at a local government election under article 15(1), the Senedd election rules in Schedule 5 have effect subject to the modifications set out in the remaining paragraphs of this Part.

Rule 27A (colour of ballot papers)

5

Schedule 5 is to be read as if after rule 27 (corresponding number list) there were inserted—

(27A) Where the poll at a Senedd election is taken together with the poll at a local government election, the ballot paper to be used at the Senedd election must be of a different colour from that of any ballot paper to be used at the local government election.

Rule 31 (notice of poll)

6

Rule 31 is to be read as if after paragraph (4) there were inserted—

(5) Where the poll at a Senedd election is taken together with a poll at a local government election, the notice published under paragraph (2) must— (a) state that the poll at the Senedd election is to be taken together with the poll at a local government election, (b) specify the relevant local authority and the electoral area for which the election is held, and (c) specify the part of the Senedd constituency in which the polls are to be taken together.

Rule 36 (issue of official poll cards)

7

Rule 36 is to be read as if after paragraph (6) there were inserted—

(6A) Where a poll at a Senedd election is taken together with a poll at a local government election, an official poll card issued under this rule may be combined with an official poll card issued at the local government election.

Rule 37 (equipment of polling stations)

8

(1) Rule 37 is to be read as if after paragraph (2) there were inserted—

(2A) The same ballot box may be used for the poll at the Senedd election and for the poll at the local government election. (2B) Where the same ballot box is not used under paragraph (2A) each ballot box must be clearly marked with— (a) the election to which it relates, as shown on the ballot papers for that election, and (b) the words “Rhowch y papur pleidleisio [nodwch liw’r papurau pleidleisio o dan sylw] yma. Place the [specify the colour of the ballot papers in question] ballot paper here.”

(2) Where the poll at a local government election is being conducted by a simple majority system, in rule 37, paragraph (12) is to be read as if there were substituted for that paragraph—

(12) Where the poll at a Senedd election is taken together with a poll at a local government election, a notice containing the following information must be exhibited inside each voting compartment in each polling station— (a) in respect of a Senedd election— 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. Vote only once on the ballot paper. Put no other mark on the ballot paper or your vote may not be counted. (b) in respect of a local government election— (i) where there is more than one candidate to be returned for an electoral area— Peidiwch â phleidleisio dros fwy na(g) … o ymgeiswyr ar y papur pleidleisio llywodraeth leol lliw [lliw’r papur pleidleisio]. Peidiwch â rhoi unrhyw farciau eraill ar y papur pleidleisio, neu mae’n bosibl na chaiff eich pleidleisiau eu cyfrif. Vote for no more than … candidates on the local government ballot paper coloured [colour of ballot paper]. Put no other marks on the ballot paper or your votes may not be counted. (ii) where there is one candidate to be returned for an electoral area— Peidiwch â phleidleisio dros fwy nag un ymgeisydd ar y papur pleidleisio llywodraeth leol lliw [Iliw’ papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu mae’n bosibl na chaiff eich pleidlais ei chyfrif. Vote for no more than one candidate on the local government ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted.

(3) Where the poll at a local government election is being conducted by a single transferable vote system, in rule 37, paragraph (12) is to be read as if there were substituted for that paragraph—

(12) Where the poll at a Senedd election is taken together with a poll at a local government election, a notice containing the following information must be exhibited inside each voting compartment in each polling station— (a) in respect of a Senedd election— “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. Vote only once on the ballot paper. Put no other mark on the ballot paper or your vote may not be counted.”; (b) in respect of a local government election— “Rhifwch yr ymgeiswyr yn nhrefn eich dewis yn y blychau pleidleisio gyferbyn â’r ymgeiswyr. Gallwch ddewis cynifer neu gyn lleied ag y dymunwch. Rhowch y rhif 1 yn y blwch pleidleisio gyferbyn â’ch dewis cyntaf. Rhowch y rhif 2 yn y blwch pleidleisio gyferbyn â’ch ail ddewis. Rhowch y rhif 3 yn y blwch pleidleisio gyferbyn â’ch trydydd dewis. Ac yn y blaen. Number the candidates in the order of your choice in the voting boxes opposite the candidates. You can make as many or as few choices as you want to. Put the number 1 in the voting box next to your first choice. Put the number 2 in the voting box next to your second choice. Put the number 3 in the voting box next to your third choice. And so on.”

Rule 38 (appointment of polling and counting agents)

9

Rule 38 is to be read as if after paragraph (5) there were inserted—

(6) Where the poll at a Senedd election is taken together with a poll at a local government election, notices of the appointment of polling agents which are required by paragraphs (3) to (5) to be given to the returning officer, must be given to the returning officer who discharges the functions specified in paragraph 2 of Schedule 3.

Rule 41 (admission to polling station)

10

Rule 41 is to be read as if after paragraph (1)(j) there were inserted—

(k) persons entitled to be admitted to the polling station at the local government election.

Rule 44 (questions to be put to voters)

11

(1) Questions 1(b), 2(a) and (b), 3(b) and 4 in column (2) of Table 1 in rule 44(4), are to be read as if before the word “election” there is inserted the word “Senedd”.

(2) Questions 1(b), 2(a) and (b), 3(b) and 4 in column (3) of Table 1 in rule 44(4), are to be read as if after the words “yr etholiad hwn” there are inserted the words “i’r Senedd”.

Rule 46 (voting procedure)

12

Rule 46 is to be read as if after paragraph (7) there were inserted—

(7A) Where the poll at a Senedd election is taken together with a poll at a local government election, the same copy of the registration records may be used under paragraph (2) for each election and— (a) one mark may be placed in those records under paragraph (2)(d) or in the list of proxies under paragraph (2)(e) to denote that a ballot paper has been received in respect of each election, and (b) where a ballot paper has not been issued in respect of each election, a different mark must be placed in the registration records or list of proxies so as to identify the election in respect of which the ballot paper was issued.

Rule 47 (voters with a disability or unable to read: marking of votes by presiding officer)

13

Rule 47 is to be read as if after paragraph (5) there were inserted—

(6) Where the poll at a Senedd election is taken together with a poll at a local government election, the same list of votes marked by the presiding officer may be used for each election and, where it is so used, an entry in that list is to be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which a ballot paper was so marked.

Rule 48 (voters with a disability or unable to read: assistance of companions)

14

In rule 48, paragraph (5) is to be read as if there were substituted for that paragraph—

(5) Where the poll at a Senedd election is taken together with the poll at a local government election, the companion’s declaration must be— (a) in form 21 set out in Welsh and English in Schedule 10, and (b) given to the presiding officer who must attest and retain it.

Rule 49 (voting with the assistance of a companion: supplemental provision)

15

Rule 49 is to be read as if after paragraph (5) there were inserted—

(6) Where the poll at a Senedd election is taken together with the poll at a local government election, the same list of voters with disabilities assisted by companions may be used for each election. (7) Where the same list is used under paragraph (6), an entry in that list is to be taken to mean the votes were given in respect of each election, unless the list identifies the election at which a vote was so given.

Rule 51 (tendered ballot papers: duties of presiding officer)

16

Rule 51 is to be read as if after paragraph (6) there were inserted—

(7) Where the poll at a Senedd election is taken together with a poll at a local government election, the same tendered votes list may be used for each election. (8) Where the same list is used under paragraph (7), an entry in that list is to be taken to mean that tendered ballot papers were marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was so marked.

Rule 53 (correction of errors on the day of poll)

17

Rule 53 is to be read as if for that rule there were substituted—

(53) (1) The presiding officer must keep a list of persons to whom ballot papers are given in consequence of an alteration to the register made by virtue of section 13B(3B) or (3D) of the 1983 Act which takes effect on the day of the poll. (2) Where the poll at a Senedd election is taken together with a poll at a local government election, the same list may be used for each election and, where it is so used, an entry in that list is to be taken to mean that ballot papers were issued in respect of each election, unless the list identifies the election for which a ballot paper was issued.

Rule 55 (procedure on close of poll)

18

Rule 55 is to be read as if after paragraph (3) there were inserted—

(3A) Where the poll at a Senedd election is taken together with a poll at a local government election, the contents of the packets referred to in paragraph (3)(a), (b), (d) and (e) must not be combined with the contents of packets made under the corresponding rule that applies at a local government election, nor must the statement prepared under paragraph (8) be so combined.

Rule 58 (the count: steps)

19

Rule 58 is to be read as if for that rule there were substituted—

(58) (1) Where the poll at a Senedd election is taken together with the poll at a local government election, the returning officer must take the following steps. (2) The returning officer must, in the presence of the counting agents appointed for the purposes of the Senedd and local government elections, open each ballot box, take out the ballot papers, count them and separately record the number of ballot papers for each election. (3) The returning officer must not count any tendered ballot papers. (4) The returning officer must, in the presence of the election agents appointed for the purposes of the Senedd and local government elections verify each ballot paper account by comparing it with the number of ballot papers recorded, the unused and spoilt ballot papers in the returning officer’s possession and the tendered votes list, opening and resealing the packets containing the unused and spoilt ballot papers and tendered votes list. (5) The returning officer must prepare a statement as to the result of the verifications and give a copy of the statement to any election agent who requests it. (6) The returning officer must also— (a) count the postal ballot papers that have been properly returned (see paragraph (8)) and separately record the number counted at each election, (b) separate the ballot papers relating to each election, (c) make up into packets the ballot papers for each election other than the Senedd elections, and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate, (d) deliver, or cause to be delivered, to the returning officer at the election to which the ballot papers relate— (i) those containers mentioned in sub-paragraph (c), together with a list of them and of the contents of each, and (ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election, and (e) at the same time deliver, or cause to be delivered, to that officer packets that so relate containing— (i) the unused and spoilt ballot papers, (ii) the tendered ballot papers, and (iii) the completed corresponding number lists and the certificates as to employment on duty on the day of the poll. (7) Where separate ballot boxes have been used for Senedd and local government elections, no vote is to be rendered invalid solely by the ballot paper being placed in the wrong ballot box. (8) A postal ballot paper is to be treated as properly returned if the ballot paper and the accompanying postal voting statement properly completed are— (a) handed in at a polling station before the close of the poll, (b) given by hand to the returning officer before the close of the poll, or (c) received by the returning officer by post before the close of the poll. (9) A postal voting statement is properly completed if— (a) it is signed by the elector or the proxy, unless the registration officer has dispensed with the requirement for a signature, (b) it states the date of birth of the elector or the proxy, and (c) in a case where the returning officer is required to takes steps to verify the date of birth and signature of an elector or proxy in accordance with paragraph 23 of Schedule 2, the returning officer has taken those steps and verified the date of birth and, except in a case where the requirement for a signature has been dispensed with, the signature. (10) Where, at the close of the poll, a person is in the polling station, or in a queue outside the polling station, for the purpose of handing in a postal ballot paper and postal voting statement— (a) the person must be permitted to hand the ballot paper and statement in at the polling station, and (b) where handed in, they are to be treated as having been handed in before the close of the poll for the purposes of this rule. (11) The returning officer must not count the votes given on any ballot paper in relation to a Senedd election until— (a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box, and (b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box. (12) While counting and recording the number of ballot papers and counting the votes, the returning officer must— (a) keep the ballot papers with their faces upwards, and (b) take such other precautions as are appropriate for preventing any person from seeing the numbers or other unique identifying marks printed on the back of the papers.

Rule 72 (death of candidate)

20

Rule 72 is to be read as if after paragraph (5) there were inserted—

(6) Neither the countermand of the notice of poll at the Senedd election nor a direction that the poll be abandoned affects the poll at the local government election.

Rule 73 (abandoned poll)

21

Rule 73 is to be read as if after paragraph (5) there were inserted—

(6) Where the poll at a Senedd election is taken together with a poll at a local government election and the poll at the Senedd election is abandoned in accordance with rule 72(1)(b) (by reason of an individual candidate’s death)— (a) the steps required to be taken by the presiding officer at a polling station under paragraph (2) must take place on the close of poll, and (b) paragraph (4) is to be construed as if “Having separated the ballot papers relating to the local government election,” were inserted before “the returning officer” in the first place it occurs.

PART 3 — Application of the Local Elections (Principal Areas) (Wales) Rules 2021 where the poll to fill a casual vacancy or vacancies occurring in the office of councillor for a county or county borough council is taken together with the poll at a Senedd general election under article 15(1)

Application and modification of the Local Elections (Principal Areas) (Wales) Rules 2021: general provision

22

The following provisions of the Local Elections (Principal Areas) (Wales) Rules 2021¹⁰⁵ apply where the poll to fill a casual vacancy in the office of councillor for a county or county borough council is taken together with the poll at a Senedd general election under article 15(1), subject to the modifications set out in this Part of this Schedule—

(a) rules 1, 3 and 4,

(b) rule 5(3) to (7) in its application to Schedule 2, and

Rule 3 (interpretation)

23

In rule 3—

(a) paragraph (1) is to be read as if for the definition of “the Combination of Polls Regulations” there were substituted the following definition—

“the 2025 Order” (“Gorchymyn 2025”) means the Senedd Cymru (Representation of the People) Order 2025;

(b) paragraph (2) is to be read as if there were substituted for that paragraph—

(2) For the purposes of these Rules, each of the following is a “relevant election”— (a) a Senedd Cymru general election with which the poll at an election held in accordance with section 89(1) of the Local Government Act 1972 to fill a casual vacancy occurring in the office of councillor for a county or county borough council is combined; (b) an election held in accordance with section 89(6) of the Local Government Act 1972 to fill a casual vacancy of councillors to a community council where the poll at that election is combined with— (i) the poll at a Senedd Cymru general election, and (ii) the poll at an election held in accordance with section 89(1) of that Act to fill a casual vacancy occurring in the office of councillor for a county or county borough council.

Rule 5 (conduct of elections to the council of a principal area)

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