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The Secretary of State for Wales, in exercise of the powers conferred upon him by section 11 of the Government of Wales Act 1998[2], hereby makes the following Order, a draft of which has been laid before, and approved by a resolution of, each House of Parliament -
PART I
GENERAL
Citation and commencement
1.
This Order may be cited as the National Assembly for Wales (Representation of the People) Order 1999 and shall come into force on the day after the day on which it is made.
Interpretation
2.
- (1) In this Order, except where the context otherwise requires -
"appropriate returning officer" means a constituency returning officer in relation to a constituency election and a regional returning officer in relation to a regional election,
"Assembly constituency" is to be construed in accordance with section 2(2) of, and Schedule 1 to, the 1998 Act,
"Assembly election" means a constituency election or a regional election,
"Assembly election petition" means a petition presented in pursuance of Part IV of this Order,
"Assembly electoral region" is to be construed in accordance with section 2(2) of, and Schedule 1 to, the 1998 Act,
"available for inspection" means available for inspection during ordinary office hours,
"citizen of the Union" shall be interpreted in the same way as in section 202(1) of the 1983 Act,
"constituency election" means an election to return an Assembly member for an Assembly constituency,
"constituency returning officer" means the person who is the returning officer for a constituency election,
"constituency vote" means a vote given to a candidate to be an Assembly member for an Assembly constituency,
"dwelling house" includes any part of a house where that part is occupied separately as a dwelling house,
"election to fill a casual vacancy" means a constituency election other than at an ordinary election,
"election court" means the judges presiding at the trial of an Assembly election petition,
"elector" means any person whose name is for the time being on the register to be used at an Assembly election, but does not include those shown in the register as below voting age on the day fixed for the poll,
"electoral region vote" means a vote given for -
(a) a registered political party which has submitted a list of candidates to be Assembly members for an Assembly electoral region, or
(b) an individual who is a candidate to be an Assembly member for that Assembly electoral region,
"European Parliamentary election" has the same meaning as in section 27(1) of the 1985 Act,
"individual candidate" means a candidate at an Assembly election other than a party list candidate,
"legal incapacity" includes (in addition to any incapacity arising by virtue of any subsisting provision of the common law) any disqualification imposed by this Order or by any other enactment,
"ordinary election" means the holding of constituency and regional elections for the return of all Assembly members,
"party list" means a list of not more than twelve candidates (but it may be a list of only one candidate) to be Assembly members for an Assembly electoral region which is to be or has been submitted to a regional returning officer by a registered political party; and references in this Order to a group of party list candidates include a case where there is only one such candidate,
"party list candidate" means a candidate included on a party list: and references in this Order to a group of party list candidates refer to all the candidates included on such a list,
"person" includes (without prejudice to the provisions of the Interpretation Act 1978[3]) an association corporate or unincorporate,
"postal proxy" means a person entitled to vote by post as proxy at an election,
"presiding officer of the Assembly" means the person elected in accordance with -
(a) section 52(1)(a) of the 1998 Act, or
(b) section 52(1)(b) of that Act where he is for the time being performing the functions of presiding officer of the Assembly,
"regional election" means an election to return Assembly members for an Assembly electoral region,
"regional returning officer" means the person who is the returning officer for a regional election,
"register" means the register of electors,
"registered emblem" means an emblem registered by a registered political party under the Registration of Political Parties Act 1998[4],
"registered nominating officer" has the same meaning as in the Registration of Political Parties Act 1998,
"registered political party" means (subject to paragraph 69 of Schedule 5) a party registered under the Registration of Political Parties Act 1998,
"registration officer" means an electoral registration officer,
"relevant citizen of the Union" means a citizen of the Union who is not a Commonwealth citizen or a citizen of the Republic of Ireland,
"service voter" means a person who has made a service declaration in accordance with section 15 of the 1983 Act and is registered or entitled to be registered in pursuance of it,
"sub-agent" has the meaning given by article 33(1),
"the Assembly" means the National Assembly for Wales established by section 1(1) of the 1998 Act,
"the absent voters list", in relation to an Assembley election, has the meaning given by article 10(1),
"the list of proxies", in relation to an Assembly election, has the meaning given by article 10(1)(b),
"the 1983 Act" means the Representation of the People Act 1983[5],
"the 1985 Act" means the Representation of the People Act 1985[6],
"the 1998 Act" means the Government of Wales Act 1998[7],
"the 1986 Regulations" means the Representation of the People Regulations 1986[8], and
"voter" means a person voting at an Assembly election and includes a person voting as proxy and, except in Schedule 5, a person voting by proxy, and "vote" (whether noun or verb) shall be construed accordingly, except that in that Schedule any reference to an elector voting or an elector's vote shall include a reference to an elector voting by proxy or elector's vote given by proxy.
(2) References in this Order to the giving of two votes at an ordinary election refer to the giving of a constituency and an electoral region vote.
(3) For the purposes of this Order a person shall be deemed not to have attained a given age until commencement of the relevant anniversary of the day of his birth.
PART II
ASSEMBLY FRANCHISE AND ITS EXERCISE
Voting at Assembly elections
3.
- (1) A constituency vote shall be given in an Assembly constituency.
(2) Although given in relation to an Assembly electoral region, in accordance with section 4(1) and (3) of the 1998 Act, an electoral region vote shall also be given in an Assembly constituency.
Registers of electors etc.
4.
- (1) An alteration in a register of electors under section 11(1) or (2) or 56 of the 1983 Act (correction of registers and registration appeals) shall not have effect for the purposes of an Assembly election if it was made after the last day for the delivery of nomination papers set out in the Table in paragraph 1(1) of Schedule 5.
(2) Schedule 1 (which makes provision in connection with electors lists and registers) has effect.
Registration appeals
5.
- (1) Subject to giving the notice of appeal in accordance with paragraph 10(1) of Schedule 2, an appeal lies to the county court from any decision under this Order of the registration officer disallowing a person's application to vote -
(a) by proxy or by post as elector, or
(b) by post as proxy,
in any case where the application is not made for a particular Assembly election only.
(2) No appeal lies from the decision of the Court of Appeal on appeal from a decision of the county court under this article.
(3) An appeal to the county court or Court of Appeal by virtue of this article or section 56 of the 1983 Act which is pending when notice of an Assembly election is given shall not prejudice the operation as respects the Assembly election of the decision appealed against, and anything done in pursuance of the decision shall be as good as if no such appeal had been brought and shall not be affected by the decision of the appeal.
(4) Notice shall be sent to the registration officer in manner provided by rules of court of the decision of the county court or of the Court of Appeal on any appeal by virtue of this article, and the registration officer shall make such alterations in the -
(a) record kept under article 8(4), or
(b) record kept under article 12(6),
as may be required to give effect to the decision.
(5) Where, as a result of the decision on an appeal under section 56 of the 1983 Act, an alteration in the register is made under section 56(4) of that Act on or before the last day for the delivery of nomination papers at an Assembly election set out in the Table in paragraph 1(1) of Schedule 5, paragraph (3) shall not apply to that appeal as respects that Assembly election.
(6) The registration officer shall on an appeal brought under this article be deemed to be a party to the proceedings, and the registration expenses payable to a registration officer shall include any expenses properly incurred by him by virtue of this paragraph.
(7) Order 45, rule 2 of the County Court Rules 1981[9] (appeal from decision of registration officer) shall have effect in relation to appeals under this article subject to the following modifications -
(a) in rule 2(1), "regulations made under section 53 of the said Act of 1983", and
(b) in rule 2(4)(a), "to the regulations mentioned in paragraph (1)",
shall be construed as including a reference to paragraph 10 of Schedule 2.
Polling districts and places at Assembly elections
6.
- (1) For the purpose of Assembly elections every Assembly constituency shall be divided into polling districts and subject to the provisions of this article there shall be a polling place for each polling district.
(2) Subject to paragraph (3), the polling districts and polling places to have effect at Assembly elections under this article shall be the districts and places as have effect at parliamentary elections.
(3) Where special circumstances make it desirable the council of a county or county borough may determine that other polling districts or polling places shall have effect in its area at an Assembly election.
(4) Any determination under paragraph (3) shall be taken in accordance with the rules set out in section 18(2) of the 1983 Act.
(5) An election shall not be questioned by reason of -
(a) any non-compliance with the provisions of this article, or
(b) any informality relating to polling districts or polling places.
Manner of voting at Assembly elections
7.
- (1) This article applies to determine the manner of voting of a person entitled to vote as an elector at an Assembly election.
(2) He may vote in person at the polling station allotted to him under this Order, unless he is entitled as an elector to an absent vote at the Assembly election.
(3) He may vote by post if he is entitled as an elector to vote by post at the Assembly election.
(4) If he is entitled to vote by proxy at the Assembly election, he may so vote unless, before a ballot paper has been issued for him to vote by proxy, he applies at the polling station allotted to him under this Order for a ballot paper for the purposes of voting in person, in which case he may vote in person there.
(5) If he is not entitled as an elector to an absent vote at the Assembly election but cannot reasonably be expected to go in person to the polling station allotted to him under this Order by reason of the particular circumstances of his employment, either -
(a) as a constable,
(b) by a constituency returning officer, in the case of a constituency election,
(c) by a regional returning officer, in the case of a regional election, or
(d) by a constituency returning officer, in the case of a regional election where that officer is exercising functions in relation to the election,
on the date of the poll for a purpose connected with the election (subject to paragraph (6)), he may vote in person at any polling station in the Assembly constituency -
(i) for which the election is being held, in the case of a constituency election, or
(ii) in which he is entitled to give his vote, in the case of a regional election.
(6) But if a person is employed at an ordinary election for a purpose connected with only one of two elections at which he is entitled to give a vote, he shall be treated for the purposes of paragraph (5) as employed for a purpose connected with both elections: provided that if a person is so treated, in exercising the right conferred by paragraph (5), those votes shall be given at the same polling station.
(7) For the purposes of the provisions of this Order, a person entitled to vote as an elector at an Assembly election is entitled as an elector to vote by post or entitled to vote by proxy at the election if he is shown in the absent voters list for the election as so entitled; and references in those provisions to entitlement as an elector to an absent vote at an Assembly election are references to entitlement as an elector to vote by post or entitlement to vote by proxy at the election.
Absent vote at Assembly elections for an indefinite period
8.
- (1) Where a person applies to the registration officer to vote by post, or to vote by proxy, at Assembly elections for an indefinite period, the registration officer shall grant the application (subject to paragraph (6)) if -
(a) he is satisfied that the applicant is eligible for an absent vote at Assembly elections for an indefinite period,
(b) he is satisfied that the applicant is or will be registered in the register for local government elections, and
(c) the applicant meets the requirements set out in Schedule 2.
(2) For the purposes of this article, a person is eligible for an absent vote at Assembly elections for an indefinite period -
(a) if he is or will be registered as a service voter,
(b) if he is no longer resident at his qualifying address or at any other address in the same area,
(c) if he cannot reasonably be expected -
(i) to go in person to the polling station allotted or likely to be allotted to him under this Order, or
(ii) to vote unaided there,
by reason of blindness or other physical incapacity,
(d) if he cannot reasonably be expected to go in person to that polling station by reason of the general nature of his occupation, service or employment or that of his spouse, or
(e) if he cannot go in person from his qualifying address to that polling station without making a journey by air or sea.
(3) For the purposes of paragraph (2)(b), two addresses are in the same area only if both addresses are in the same electoral division of a county or county borough and in the same community.
(4) The registration officer shall keep a record of those whose applications under this article have been granted.
(5) The record kept under paragraph (4) shall also show -
(a) in the case of those who may vote by post, the addresses provided by them in their application as the addresses to which their ballot papers are to be sent, and
(b) in the case of those who may vote by proxy, the names and addresses of those appointed as their proxies.
(6) The registration officer shall remove a person from the record kept under paragraph (4) -
(a) if he applies to the registration officer to be removed,
(b) in the case of any registered person, if he ceases to be registered or registered at the same qualifying address or ceases to be, or becomes, registered as a service voter, or
(c) if the registration officer gives notice that he has reason to believe there has been a material change of circumstances.
(7) A person shown in the record kept under paragraph (4) as voting by post or voting by proxy may subsequently alter his choice (subject to paragraph (8)) on an application to the registration officer that meets the requirements set out in Schedule 2, and the registration officer shall amend the record accordingly.
(8) A person applying to vote by post must provide an address in the United Kingdom as the address to which his ballot paper or, where he is entitled to give two votes at an ordinary election, ballot papers shall be sent.
Absent vote at a particular Assembly election
9.
- (1) Where a person applies to the registration officer to vote by post, or to vote by proxy, at a particular Assembly election, the registration officer shall grant the application (subject to paragraph (4)) if -
(a) he is satisfied that the applicant's circumstances on the date of the poll will be or are likely to be such that he cannot reasonably be expected to vote in person at the polling station allotted or likely to be allotted to him under this Order,
(b) he is satisfied that the applicant is or will be registered in the register of local government electors, and
(c) the application meets the requirements set out in Schedule 2.
(2) Paragraph (1) above does not apply to a person who is included in the record kept under article 8 but such a person may, in respect of a particular Assembly election, apply to the registration officer -
(a) for his ballot paper or, where he is entitled to give two votes at an ordinary election, ballot papers to be sent to a different address in the United Kingdom, or
(b) to vote by proxy,
if he is shown in the record so kept as voting by post at Assembly elections.
(3) The registration officer shall grant an application under paragraph (2) if it meets the requirements set out in Schedule 2.
(4) A person applying to vote by post must provide an address in the United Kingdom as the address to which his ballot paper or, where he is entitled to give two votes at an ordinary election, ballot papers shall be sent.
(5) For the purposes of this article, articles 11 and 12 and Schedule 2 "particular election", shall, where a person (whether as elector or as proxy) is entitled to give two votes at an ordinary election, refer to both elections at which he is entitled to so vote; and references to an absent vote at a particular Assembly election shall be construed accordingly.
Absent voters list at Assembly elections
10.
- (1) Subject to paragraph (2), the registration officer shall, in respect of each Assembly election, keep a special list ("the absent voters list") consisting of -
(a) a list of -
(i) those who are for the time being shown in the record kept under article 8 as voting by post at Assembly elections (excluding those so shown whose applications under article 9(2) to vote by proxy at the election have been granted), together with the addresses provided by them in their applications under article 8 or article 9(2) as the addresses to which their ballot papers are to be sent, and
(ii) those whose applications under article 9(1) to vote by post at the election have been granted, together with the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent, and
(b) a list ("the list of proxies") of those who are for the time being shown in the record kept under article 8 as voting by proxy at Assembly elections or whose applications under article 9 to vote by proxy at the election have been granted, together with the names and addresses of those appointed as their proxies.
(2) Where electors are entitled to give two votes at an ordinary election in an Assembly constituency, only one absent voters list shall be kept under paragraph (1) and that list shall have effect in relation to both elections.
Proxies at Assembly elections
11.
- (1) Subject to the provisions of this article, any person is capable of being appointed proxy to vote for another (in this article and article 12 referred to as "the elector") at any Assembly election and may vote in pursuance of the appointment.
(2) The elector cannot have more than one person at a time appointed as proxy to vote for him at an Assembly election (whether in the same Assembly constituency or elsewhere).
(3) A person is not capable of being appointed to vote, or voting, as proxy at an Assembly election -
(a) if he is subject to any legal incapacity (age apart) to vote at that election as an elector, or
(b) if he is neither a Commonwealth citizen nor a citizen of the Republic of Ireland nor a relevant citizen of the Union.
(4) A person is not capable of voting as proxy at an Assembly election unless on the date of the poll he has attained the age of eighteen.
(5) A person is not entitled to vote as proxy -
(a) in the case of an ordinary election, at constituency elections in Assembly constituencies in an Assembly electoral region (or in one such election),
(b) in the case of a constituency election other than at an ordinary election, at the constituency election,
(c) at a regional election (whether or not at an ordinary election),
on behalf of more than two persons of whom he is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.
(6) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at Assembly elections for an indefinite period, the registration officer shall make the appointment if the application meets the requirements set out in Schedule 2 and he is satisfied that the elector is or will be -
(a) registered in the register of local government electors for Assembly elections, and
(b) shown in the record kept under article 8 as voting by proxy at such elections,
and that the proxy is capable of being and willing to be appointed to vote as proxy at such elections.
(7) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at a particular Assembly election, the registration officer shall make the appointment if the application meets the requirements set out in Schedule 2 and he is satisfied that the elector is or will be -
(a) registered in the register of local government electors for that election, and
(b) entitled to vote by proxy at that election by virtue of an application under article 9,
and that the proxy is capable of being and willing to be appointed.
(8) The appointment of a proxy under this article is to be made by means of a proxy paper issued by the registration officer.
(9) The appointment may be cancelled by the elector by giving notice to the registration officer and shall also cease to be in force on the issue of a proxy paper appointing a different person to vote for him at an Assembly election or Assembly elections (whether in the same Assembly constituency or elsewhere).
(10) Subject to paragraph (9), the appointment shall remain in force -
(a) in the case of an appointment for a particular election, for that election, and
(b) in any other case, while the elector is shown as voting by proxy in the record kept under article 8 in pursuance of the same application under that article.
Notes:
[1]
S.I. 1960/543.back
[2]
1998 c. 38.back
[3]
1978 c. 30.back
[4]
1998 c. 48.back
[5]
1983 c. 2.back
[6]
1985 c. 50.back
[7]
1998 c. 38.back
[8]
S.I. 1986/1081.back
[9]
S.I. 1981/1687.back
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