Statutory Instruments 1999 No. 450

Statutory Instruments 1999 No. 450
The National Assembly for Wales (Representation of the People) Order 1999 - continued

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Payment of expenses of registration
     26. - (1) Any expenses properly incurred by a registration officer in performance of his functions under this order (in this Order referred to as "registration expenses") shall be paid by the county or county borough council by whom the registration officer was appointed.

    (2) Any fees paid to the registration officer under this Order shall be accounted for by him and paid to the county or county borough council by whom he was appointed.

    (3) On the request of a registration officer for an advance on account of registration expenses, the county or county borough council by whom the registration officer was appointed may, if it thinks fit, make such an advance to him of such an amount and subject to such conditions as it may approve.

Personation
     27. - (1) In relation to an Assembly election a person shall be guilty of a corrupt practice if he commits, or aids, abets, counsels or procures the commission of, the offence of personation.

    (2) A person shall be deemed to be guilty of personation at an Assembly election if he -

(a) votes in person or by post as some other person, whether as an elector or as proxy, and whether that other person is living or dead or is a fictitious person, or

(b) votes in person or by post as proxy -

    (3) For the purposes of this article, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.

Other voting offences
     28. - (1) For the purposes of this article a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted, but for the purpose of determining whether an application for a ballot paper constitutes an offence under paragraph (6), a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper shall, if he does not exercise that right, be disregarded.

    (2) A person shall be guilty of an offence if -

(a) he votes in person or by post, whether as an elector or as proxy, or applies to vote by proxy or by post as elector at an Assembly election, or at Assembly elections, knowing that he is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind,

(b) he applies for the appointment of a proxy to vote for him at any Assembly election or at Assembly elections knowing that he or the person to be appointed is subject to a legal incapacity to vote at the election or, as the case may be, at elections of that kind, or

(c) he votes, whether in person or by post, as proxy for some other person at an Assembly election, knowing that that person is subject to a legal incapacity to vote.

(3) For the purposes of paragraph (2), references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at or for which they are done, include his being below voting age if he will be of voting age on that day.

(4) A person shall be guilty of an offence if -

(a) he votes as elector otherwise than by proxy either -

(b) he votes as elector in person at an Assembly election at which he is entitled to vote by post,

(c) he votes as elector in person at an Assembly election, knowing that a person appointed to vote as his proxy at the election either has already voted in person at the election or is entitled to vote by post at the election, or

(d) he applies for a person to be appointed as his proxy to vote for him at Assembly elections in any Assembly constituency without applying for the cancellation of a previous appointment of a third person then in force in respect of that or another constituency or without withdrawing a pending application for such an appointment in respect of that or another constituency.

(5) A person shall be guilty of an offence if -

(a) he votes as proxy for the same elector either -

(b) he votes in person as proxy for an elector at an Assembly election at which he is entitled to vote by post as proxy for that elector, or

(c) he votes in person as proxy for an elector at an Assembly election knowing that the elector has already voted in person at the election.

(6) A person shall also be guilty of an offence if he votes 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 a constituency election,

(c) at a regional election (whether or not at an ordinary election),

for more than two persons of whom he is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.

(7) A person shall also be guilty of an offence if he knowingly induces or procures some other person to do an act which is, or but for that other person's want of knowledge would be, an offence by that other person under the foregoing paragraphs of this article.

(8) An offence under this article shall be an illegal practice, but -

(a) the court before whom a person is convicted of any such offence may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of article 135, and

(b) a candidate shall not be liable, nor shall his election be avoided, for an illegal practice under this article of any agent of his other than an offence under paragraph (7).

    (9) Where a person is entitled to give two votes at an ordinary election in an Assembly constituency (whether in person as elector or by proxy, or by post as elector or by proxy) he votes once in relation to each Assembly election for which his votes are given.

Breach of official duty
     29. - (1) If a person to whom this article applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (2) No person to whom this article applies shall be liable for breach of his official duty to any penalty at common law and no action for damages shall lie in respect of the breach by such a person of his official duty.

    (3) The persons to whom this article applies are -

(a) any registration officer, returning officer or presiding officer,

(b) any member of staff of the Assembly,

(c) any other person whose duty it is to be responsible after an Assembly election for the used ballot papers and other documents (including returns and declarations as to expenses),

(d) any postmaster, and

(e) any deputy of a person mentioned in any of sub-paragraphs (a) to (d) or any person appointed to assist or in the course of his employment assisting a person so mentioned in connection with his official duties;

and "official duty" shall for the purpose of this article be construed accordingly, but shall not include duties imposed otherwise than by the law relating to Assembly elections or the registration of local government electors.

Tampering with nomination papers, ballot papers etc.
30. - (1) A person shall be guilty of an offence if, at an Assembly election, he -

(a) fraudulently defaces or fraudulently destroys any individual nomination or party nomination paper,

(b) fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or any declaration of identity or official envelope used in connection with voting by post,

(c) without due authority supplies any ballot paper to any person,

(d) fraudulently puts into any ballot box any paper other than the ballot paper which he is authorised by law to put in,

(e) fraudulently takes out of the polling station any ballot paper,

(f) without due authority destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the election, or

(g) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

(2) If -

(a) a constituency returning officer at a constituency election,

(b) a constituency or regional returning officer at a regional election,

(c) a presiding officer, or

(d) a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers,

is guilty of an offence under this article, he shall be liable -

(i) on conviction on indictment to a fine, or to imprisonment for a term not exceeding two years, or to both, or

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

(3) If any other person is guilty of an offence under this article he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding six months, or to both.

Requirement of secrecy
31. - (1) The following persons attending at a polling station, namely -

(a) a constituency returning officer at a constituency election,

(b) a constituency or regional returning officer at a regional election,

(c) a presiding officer or clerk, or

(d) a candidate or election agent or polling agent,

shall maintain and aid in maintaining the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed any information as to -

(i) the name of any elector or proxy for an elector who has or has not applied for a ballot paper or voted at a polling station,

(ii) the number on the register of electors of any elector who, or whose proxy, has or has not applied for a ballot paper or voted at a polling station, or

(iii) the official mark.

(2) Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall not -

(a) ascertain or attempt to ascertain at the counting of votes the number on the back of any ballot paper,

(b) communicate any information obtained at the counting of votes as to how any vote is given on any particular ballot paper.

(3) No person shall -

(a) interfere with or attempt to interfere with a voter when giving his vote,

(b) otherwise obtain or attempt to obtain in a polling station information as to how a voter in that station is about to vote or has voted,

(c) communicate at any time to any person any information obtained in a polling station as to how a voter in that station is about to vote or has voted, or as to the number on the back of a ballot paper given to a voter at that station, or

(d) directly or indirectly induce a voter to display a ballot paper after he has marked it so as to make known to any person how he has or has not voted.

(4) Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post shall maintain and aid in maintaining the secrecy of the voting and shall not -

(a) except for some purposes authorised by law, communicate, before the poll is closed, to any person any information obtained at those proceedings as to the official mark,

(b) except for some purpose authorised by law, communicate to any person at any time any information obtained at those proceedings as to the number on the back of the ballot paper sent to any person,

(c) except for some purpose authorised by law, attempt to ascertain at the proceedings in connection with the receipt of ballot papers the number on the back of any ballot paper, or

(d) attempt to ascertain at the proceedings in connection with the receipt of the ballot papers how any vote is given on any particular ballot paper or communicate any information with respect thereto obtained at those proceedings.

(5) No person having undertaken to assist a blind voter shall communicate at any time to any person any information as to how that voter intends to vote or has voted, or as to the number on the back of the ballot paper given for the use of that voter.

(6) If a person acts in contravention of this article he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months.

PART III
THE ELECTION CAMPAIGN
Appointment of election agent
32. - (1) At an Assembly election, not later than the latest time for delivery of notices of withdrawal of candidature, a person shall be named by, or on behalf of -

as the candidate's election agent, and the name and address of the candidate's election agent shall be declared in writing by the candidate, or some other person on his behalf, to the appropriate returning officer not later than that time.

    (2) A candidate at a constituency election or an individual candidate at a regional election may name himself as election agent.

    (3) At a regional election, not later than the latest time for delivery of notices of withdrawal of candidature, a person shall be named by, or on behalf of, each group of party list candidates as those candidates' election agent, and the name and address of the candidates' election agent shall be declared in writing by the candidate whose name appears first on the list, or some other person on his behalf (including another candidate on the list), to the regional returning officer not later than that time.

    (4) A candidate included on a party list may be named as election agent for the candidates included on the list.

    (5) Where a candidate has been named or has named himself as an election agent, so far as circumstances permit, he shall be subject to the provisions of this Order both as a candidate and as an election agent and, except where the context otherwise requires, any reference in this Order to an election agent shall be construed to refer to the candidate acting in his capacity as election agent.

    (6) One election agent only shall be appointed for -

but the appointment, whether the election agent appointed be a candidate himself or not, may be revoked.

(7) If (whether before, during or after the election) the appointment (or deemed appointment) of an election agent is revoked or an election agent dies, another election agent shall be appointed forthwith and his name and address declared in writing to the appropriate returning officer.

(8) The declaration as an election agent of a person other than -

shall be of no effect under this article unless it is made and signed by that person or is accompanied by a written declaration of acceptance signed by him.

(9) Upon the name and address of an election agent being declared to the appropriate returning officer -

Nomination of sub-agent
33. - (1) At an Assembly election an election agent, subject to the provisions of this article, may appoint to act in any part of -

(a) the Assembly constituency, in the case of a constituency election, or

(b) the Assembly electoral region, in the case of a regional election,

one, but not more than one, deputy election agent (in this Order referred to as a sub-agent).

(2) As regards matters in the part of an Assembly constituency or electoral region for which there is a sub-agent the election agent may act by the sub-agent and -

(a) anything done for the purposes of this Order by or to the sub-agent in his part of the Assembly constituency or electoral region shall be deemed to be done by or to the election agent,

(b) any act or default of a sub-agent which, if he were the election agent, would be an illegal practice or other offence against this Order shall be an illegal practice and offence against this Order committed by the sub-agent, and the sub-agent shall be liable to punishment accordingly, and

(c) a candidate shall suffer the like incapacity as if that act or default had been the election agent's act or default.

(3) Not later than the second day before the day of the poll the election agent shall declare in writing the name and address of every sub-agent to the appropriate returning officer, and -

(a) the returning officer shall forthwith give public notice of the name and address of every sub-agent so declared, and

(b) in the case of a regional election, the regional returning officer shall forthwith give notice of that name and address to the constituency returning officer for each Assembly constituency in any part of which the sub-agent is appointed to act.

(4) The appointment of a sub-agent -

(a) shall not be vacated by the election agent who appointed him ceasing to be election agent, but

(b) may be revoked by whoever is for the time being the election agent,

and in the event of the revocation of the appointment or of the death of a sub-agent another sub-agent may be appointed, and his name and address shall be forthwith declared in writing to the appropriate returning officer, who shall forthwith give the like notice required by paragraph (3)(a) and, if applicable, (b).

(5) The declaration to be made to the appropriate returning officer, and such notice to be given by him, under paragraph (3) or (4) shall specify the part of the Assembly constituency or electoral region within which any sub-agent is appointed to act.

Office of election agent and sub-agent
34. - (1) Every election agent and every sub-agent shall have an office to which all claims, notices, writs, summonses and documents may be sent, and the address of the office shall be -

(a) declared to the appropriate returning officer at the same time as the appointment of the agent is declared to him,

(b) stated in the public notice, and

(c) in the case of a regional election, stated in the notice to the constituency returning officers.

(2) The office -

(a) subject to article 35(6) of an election agent for a constituency election shall be -

(b) subject to article 35(6), of an election agent for a regional election shall be in the Assembly electoral region, and

(c) of a sub-agent shall be in the area within which he is appointed to act.

(3) Any claim, notice, writ, summons or document delivered at the office of the election agent or sub-agent and addressed to him, shall be deemed to have been served on him and every election agent may, in respect of any matter connected with the election in which he is acting, be sued in any court having jurisdiction at the place where his office is situated.

Effect of default in election agent's appointment
35. - (1) If no person's name and address is given as required by article 32 as the election agent of a candidate or a group of party list candidates who remain validly nominated at the latest time for delivery of notices of withdrawal of candidature -

(a) in the case of a candidate at a constitency election or an individual candidate at a regional election, the candidate shall be deemed at that time to have named himself as election agent and to have revoked any appointment of another person as his election agent, and

(b) in the case of a group of party list candidates at a regional election, the candidate whose name appears first on the list shall be deemed at that time to have been named as election agent and for there to have been revoked any appointment of another person as those candidates' election agent.

(2) This paragraph applies if -

(a) the person whose name and address have been so given as those of an election agent for an individual candidate (not being the candidate himself) or a group of party list candidates dies, and

(b) a new appointment is not made on the day of the death or on the following day.

(3) Where paragraph (2) applies -

(a) in the case of a candidate at a constituency election or an individual candidate at a regional election, he shall be deemed to have appointed himself as from the time of death, and

(b) in the case of the death of an election agent for a group of party list candidates at a regional election -

(4) If the appointment of an election agent is revoked without a new appointment being made -

(a) in the case of a candidate at a constituency election or an individual candidate at a regional election, the candidate himself shall be deemed to have been appointed (or re-appointed) election agent, and

(b) in the case of a group of party list candidates at a regional election, the candidate whose name appears first on that list shall be deemed to have been appointed (or re-appointed) election agent.

    (5) The deemed appointment of an election agent may be revoked as if it were an actual appointment.

    (6) Where a candidate is by virtue of this article to be treated as an election agent he shall be deemed to have his office at his address as given in the statement of persons nominated.

    (7) The appropriate returning officer on being satisfied that a person is by virtue of this article to be treated as an election agent, shall forthwith proceed to give such like notice as if the name and address of the person and the address of his office had been duly given to him under articles 32 and 34.

Making of contracts through election agent
     36. - (1) At an Assembly election the election agent for an individual candidate or a group of party list candidates shall appoint every polling agent, clerk and messenger employed for payment on behalf of the candidate or those candidates at that election, and hire every committee room hired on behalf of such candidate or candidates.

    (2) A contract by which any election expenses are incurred shall not be enforceable against an individual candidate or group of party list candidates at the election unless made -

(a) by the candidate himself or by his election agent, or

(b) by any or all of the candidates themselves or by their election agent,

but this paragraph does not relieve such candidate or candidates from the consequences of any corrupt or illegal practice having been committed by his or their agent.

(3) The references in this article to an election agent shall be taken as references to the election agent acting by himself or by a sub-agent.

Expenses of a registered political party
37. - (1) Where -

(a) article 38, 41, 42 or 46 applies in respect of sums paid or expenses incurred by, or in respect of, an individual candidate at a constituency election, and

(b) in respect of the candidate, the constituency returning officer has received a certificate issued by the registered nominating officer of a registered political party under paragraph 5(1) of Schedule 5,

such sums paid or expenses incurred are not for the purposes of this Part to be regarded as having been paid or incurred by the party.

(2) But for the purposes of this Part a sum is paid or an expense incurred by a registered political party if the payment is made or the expense is incurred -

(a) by any or all of a group of party list candidates for the party,

(b) by such candidates' election agent,

(c) by the party's registered nominating officer, or

(d) by any other person in accordance with arrangements for which the registered nominating officer is responsible.



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Prepared 19 April 1999