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Voting as proxy at Assembly elections
     12.  - (1) A person entitled to vote as proxy at an Assembly election may do so in person at the polling station allotted to the elector under this Order unless he is entitled to vote by post as proxy for the elector at the election, in which case he may vote by post.

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

    (3) For the purposes of this Order, a person entitled to vote as proxy for another at an Assembly election is entitled so to vote by post if he is included in the list kept under paragraph (9) in respect of the election.

    (4) Where a person applies to the registration officer to vote by post as proxy at Assembly elections for an indefinite period, the registration officer shall (subject to paragraphs (10) and (12)) grant the application if - 

(a) the applicant is included in any record kept under article 8 in respect of an Assembly constituency for the whole or any part of which the registration officer acts, or

(b) the address provided by the applicant in his application as the address to which his ballot paper or, where he is entitled to two votes at an ordinary election, ballot papers shall be sent is not in the same area as the elector's qualifying address,

and the application meets the requirements set out in Schedule 2.

    (5) For the purposes of this article, 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.

    (6) The registration officer shall keep a record of those whose applications under paragraph (4) have been granted; and that record shall also show the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.

    (7) Where a person applies to the registration officer to vote by post as proxy at a particular election and the application meets the requirements set out in Schedule 2, the registration officer shall (subject to paragraphs (10) and (12)) grant the application 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 the elector under this Order, or

(b) the applicant is, or the registration officer is satisfied that he will be, included in respect of the Assembly constituency for the whole or any part of which the registration officer acts in any of the absent voters lists for that election.

    (8) Where, in the case of a particular election, a person included in the record kept under paragraph (6) applies to the registration officer for his ballot paper or, where he is entitled to give two votes in the case of an ordinary election, ballot papers to be sent to a different address in the United Kingdom, the registration officer shall grant the application if it meets the requirements set out in Schedule 2.

    (9) Subject to the proviso to this paragraph, the registration officer shall, in respect of each Assembly election, keep a special list of - 

(a) those who are for the time being included in the record kept under paragraph (6), together with the addresses provided by them in their applications under that paragraph or paragraph (8) as the addresses to which their ballot papers are to be sent, and

(b) those whose applications under paragraph (7) have been granted in respect of the election concerned, together with the addresses to which their ballot papers are to be sent.

Provided that where electors are entitled to give two votes at an ordinary election in an Assembly constituency, only one list shall be kept under this paragraph and that list shall have effect in relation to both elections.

    (10) The registration officer shall not grant any application under this article unless - 

(a) he is satisfied that the elector is or will be registered in the register of local government electors, and

(b) there is in force an appointment of the applicant as the elector's proxy to vote for him at Assembly elections or the particular election.

    (11) The registration officer shall remove a person from the record kept under paragraph (6) - 

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

(b) where he was included in the record on the ground mentioned in paragraph (4)(a), if he ceases to be included in any record kept under article 8 in respect of an Assembly constituency for the whole or any part of which the registration officer acts or becomes so included in pursuance of a further application under that article,

(c) if the elector ceases to be registered as mentioned in paragraph (10)(a), or

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

    (12) A person applying to vote by post as proxy 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 voting at Assembly elections: miscellaneous
     13.  - (1) For the purposes of section 59 of the 1983 Act (supplemental provisions as to members of forces and service voters) - 

(a) subsection (3)(a) shall be construed as including a reference to this Order in connection with the rights conferred by this Order on a person having a service qualification by virtue of section 14(1)(a) or (b) of that Act in relation to the making and cancellation of appointments of a proxy and in relation to voting by post, and

(b) subsection (3)(b) shall be similarly construed.

    (2) Schedule 2 (which makes provision in connection with absent voting at Assembly elections) has effect.

    (3) Schedule 3 (which makes provision in connection with the issue and receipt of postal ballot papers) has effect.

Combination of polls at Assembly and local government elections
     14.  - (1) Where the polls at an ordinary Assembly election and an ordinary local government election are to be taken on the same date, they shall be taken together.

    (2) Where the polls at an Assembly election and local government election for related areas are to be taken on the same date but are not required by paragraph (1) to be taken together, they may nevertheless be so taken if the returning officer for each election thinks fit.

    (3) For the purposes of paragraph (2), two areas are related if one is coterminous with or situated wholly or partly within the other.

    (4) Where the polls at an ordinary Assembly election and an ordinary local government election are combined under paragraph (1) the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned among the elections in such proportions as the Assembly may by order specify; and an order under this paragraph may specify different proportions in relation to different functions.

    (5) Where the polls at an Assembly election and another election are combined under paragraph (2) the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned equally among the elections.

    (6) The power to make orders under paragraph (4) shall be exercised by statutory instrument.

    (7) Schedule 4 (which makes provision in connection with the combination of polls at Assembly and local government elections) has effect.

    (8) Before the day of the first ordinary Assembly election the reference in paragraph (4) to the Assembly shall be construed as a reference to the Secretary of State.

Conduct of Assembly elections etc.
     15.  - (1) The proceedings at Assembly elections and return of Assembly members shall be conducted in accordance with Schedule 5.

    (2) In addition to the functions otherwise conferred or imposed on a constituency or regional returning officer at an Assembly election it is the general duty of such an officer to do all such acts as may be necessary for effectively conducting the election in the manner provided by Schedule 5.

    (3) No Assembly election shall be declared invalid by reason of any act or omission by such a returning officer or any other person in breach of his official duty in connection with the election or otherwise of Schedule 5 if it appears to the election court having cognizance of the question that - 

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

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

Returning officers
     16.  - (1) For the purpose of Assembly elections there shall be - 

(a) a constituency returning officer for each Assembly constituency, and

(b) a regional returning officer for each Assembly electoral region, and

such persons shall hold office in accordance with paragraphs (2) and (3).

    (2) A constituency returning officer shall be a person - 

(a) appointed under section 35(1A)(a) of the 1983 Act[10] to be the returning officer for elections of councillors of a county or county borough situated wholly or partly in the Assembly constituency, and (in the case where there is more than one such person)

(b) who is for the time being designated by the Assembly as returning officer for the constituency.

    (3) A regional returning officer shall be a person - 

(a) appointed under section 35(1A)(a) of the 1983 Act to be the returning officer for elections of councillors of a county or county borough situated wholly or partly in the Assembly electoral region, and

(b) who is for the time being designated by the Assembly as returning officer for the electoral region.

    (4) Before the day of the first ordinary election the references in paragraphs (2)(b) and (3)(b) to the Assembly shall be construed as references to the Secretary of State.

    (5) A designation made under this article shall be in writing.

Officers of councils to be placed at disposal of returning officers
     17.  - (1) The council of each county of county borough shall place the services of its officers at the disposal of any constituency returning officer for an Assembly constituency wholly or partly situated in its area.

    (2) The services placed at the disposal of a consituency returning officer under paragraph (1) may relate to the exercise of that officer's functions in connection with a constituency election, a regional election or to both such elections.

    (3) The council of each county or county borough shall also place the services of its officers at the disposal of any regional returning officer for an Assembly electoral region partly situated in its area.

Returning officers: discharge of functions
     18.  - (1) A constituency or a regional returning officer at an Assembly election may, in writing, appoint one or more persons to discharge all or any of his functions.

    (2) Paragraph (1) applies to a constituency returning officer at a constituency or a regional election.

    (3) In relation to an ordinary election and to a regional election other than at an ordinary election, it shall be the duty of each regional returning officer and each constituency returning officer for an Assembly constituency in the Assembly electoral region to co-operate with each other in the discharge of their functions.

    (4) The duty imposed by paragraph (3) applies as between constituency returning officers in an Assembly electoral region as well as between such officers and the regional returning officer for the electoral region.

    (5) In this Order, a reference to a constituency returning officer in relation to the discharge of functions at a regional election is a reference to the discharge of such functions in relation to the Assembly constituency for which he is the returning officer.

Returning officers: general
     19.  - (1) An Assembly election is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

    (2) A person is not subject to any incapacity to vote at an Assembly election by reason of being returning officer at that election.

Payments by and to returning officer
     20.  - (1) A constituency or a regional returning officer shall be entitled to recover his charges in respect of services properly rendered, or expenses properly incurred, for, or in connection with, an Assembly election if - 

(a) the services or expenses are of a kind specified in an order made by the Assembly, and

(b) the charges are reasonable,

and in the case of a constituency returning officer, this paragraph applies to services rendered or expenses incurred for, or in connection with, a constituency or a regional election.

    (2) In any order made under paragraph (1) the Assembly may specify a maximum recoverable amount for services or expenses of any specified description and, subject to paragraph (3), the returning officer may not recover more than that amount in respect of any such services or expenses.

    (3) The Assembly may, in a particular case, authorise the payment of more than the specified amount for any specified services or expenses if satisfied - 

(a) that it was reasonable for the returning officer concerned to render the services or incur the expenses, and

(b) that the charges in question are reasonable.

    (4) Any order under paragraph (1) which specifies the maximum amount for services or expenses of a particular description may - 

(a) provide for that amount to increase at such dates, or after such periods, by reference to such formula or other method of determination as may be specified in the order, and

(b) make such transitional provision in connection with any such increase as the Assembly considers appropriate.

    (5) Any order under paragraph (1) may make different provision for constituency elections (on the one hand) and regional elections (on the other).

    (6) The power to make orders under paragraph (1) shall be exercised by statutory instrument.

    (7) The Assembly shall pay the amount of any charges recoverable in accordance with this article on an account being submitted to it but the Assembly may if it thinks fit, before payment, apply for the account to be taxed under the provisions of article 21.

    (8) Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this article as part of a returning officer's charges at an Assembly election, then on an account being submitted to the Assembly, a sum equal to the increase shall be paid by the Assembly to the authority.

    (9) On a returning officer's request for an advance on account of his charges, the Assembly may, on such terms as it thinks fit, make such an advance.

    (10) The Assembly by regulations may make provision as to the time when and the manner and form in which accounts are to be rendered to the Assembly for the purpose of the payment of a returning officer's charges; and such regulations may make different provision for constituency elections (on the one hand) and regional elections (on the other).

    (11) Before the day of the first ordinary election references in this article to the Assembly shall be construed as references to the Secretary of State and any exercise by the Secretary of State of his functions under paragraphs (1) and (2) shall require the consent of the Treasury.

Taxation of returning officer's account
     21.  - (1) An application for a returning officer's account to be taxed shall be made to the county court and in this article the expression "the court" means the county court.

    (2) On any such application the court has jurisdiction to tax the account in such manner and at such time and place as the court thinks fit, and finally to determine the amount payable to the returning officer.

    (3) On any such application the returning officer may apply to the court to examine any claim made by any person against him in respect of matters charged in the account; and the court, after notice given to the claimant and after giving him an opportunity to be heard and to tender any evidence, may allow or disallow or reduce the claim objected to with or without costs; and the determination of the court shall be final for all purposes and against all persons.

    (4) Order 45, rule 1 of the County Court Rules 1981[11] (application for taxation of returning officer's account under section 30 of the 1983 Act) shall have effect in relation to applications made under this article and, accordingly, in that rule the references to - 

(a) the Secretary of State shall be construed as including references to the Assembly, and

(b) returning officers shall be construed as including references to - 


(i) constituency returning officers in relation to a constituency election, and

(ii) constituency and regional returning officers in relation to a regional election.

Loan of equipment for Assembly elections
     22.  - (1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of money provided by Parliament may, on request, be lent to a constituency returning officer at an Assembly election on such terms and conditions as the Secretary of State may determine.

    (2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority within the meaning of the Local Government Act 1972[12] shall, on request (if not required for immediate use by that authority), be lent to a constituency returning officer at an Assembly election on such terms and conditions as may be agreed.

Effect of registers
     23.  - (1) In relation to an Assembly election the register of local government electors shall be for the purposes of this Part conclusive on the following questions - 

(a) whether or not a person registered in it was on the qualifying date resident at the address shown, and

(b) whether or not that address is in any local government area or any particular part of a local government area.

    (2) Any entry in the register of local government electors, if it gives a date as that on which the person named will attain voting age, shall for any purpose of this Part relating to him as elector be conclusive that until the date given in the entry he is not of voting age or is entitled to be treated as an elector except for the purposes of an Assembly election at which the date fixed for the poll is that or a later date.

    (3) A person registered as a local government elector, or entered in the list of proxies, shall not be excluded from voting at an Assembly election on any of the grounds set out in paragraph (4); but this shall not prevent the rejection of the vote on a scrutiny, or affect his liability to any penalty for voting.

    (4) The grounds referred to in paragraph (3) are - 

(a) that he is not of voting age,

(b) that he is not or, on the qualifying date or the date of his appointment (as the case may be), was not - 


(i) a Commonwealth citizen,

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

(iii) a relevant citizen of the Union, or



(c) that he is or, on the qualifying date or the date of his appointment (as the case may be) was, otherwise subject to any other legal incapacity to vote.

Effect of misdescription
     24. In relation to an Assembly election no misnomer or inaccurate description of any person or place named - 

(a) in the register of local government electors, or

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

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

Discharge of registration duties
     25.  - (1) A registration officer shall comply with any general or specific directions which may be given by the Secretary of State with respect to the arrangements to be made by the registration officer in carrying out his functions under this Order.

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

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

    (4) A county or county borough council by whom a registration officer is appointed shall assign such officers to assist him as may be required in carrying out his functions under this Order.

[11] S.I. 1981/1687.back

[12] 1972 c. 70.back