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Whereas a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament; Now therefore, the Secretary of State, in exercise of the powers conferred upon him by section 11 of the Government of Wales Act 1998[1], and of all other powers enabling him in that behalf, and having in accordance with section 8(2) and (3)(b) of the Political Parties, Elections and Referendums Act 2000[2] considered it expedient in consequence of changes in the value of money to make provision relating to the matters mentioned in subsection (2)(c) of the said section 11[3], and after consulting the Electoral Commission[4] hereby makes the following Order: Citation and commencement 1. This Order may be cited as the National Assembly for Wales (Representation of the People) (Amendment) Order 2002 and shall come into force on the day after the day on which it is made, but it shall not apply for the purposes of any election where the last day for the publication of the notice of election in respect of that election precedes that later date. Interpretation 2. In this Order, "the principal Order" means the National Assembly for Wales (Representation of the People) Order 1999[5]. Amendment of the principal Order 3. The principal Order shall be amended in accordance with the following provisions of this Order. Article 2 (Interpretation) 4. - (1) Article 2 of the principal Order shall be amended as follows. (2) In paragraph (1) -
(c) in the definition of "registered nominating officer" for "has the same meaning as in the Registration of Political Parties Act 1998" substitute "means the person registered under Part II of the 2000 Political Parties Act as the officer with responsibility for the matters referred to in section 24(3) of that Act in respect of a registered political party"; (d) in the definition of "service voter", the reference to section 15 of the Representation of the People Act 1983[6] is a reference to that section as amended by the Representation of the People Act 2000[7]; (e) after the definition of "the 1998 Act" insert -
Article 4 (Register of electors etc.)
(b) a person to whom section 7A of that Act (persons remanded in custody) applies,
whether he is registered by virtue of that provision or not, and such a person may only vote by post or by proxy (where he is entitled as an elector to vote by post or, as the case may be, by proxy at the election).".
Article 8 (Absent vote etc.)
(b) in sub-paragraph (a) -
(ii) for the words "for an absent vote" substitute "to vote by proxy", and (iii) omit the words "for an indefinite period".
(4) In paragraph (2) -
(b) omit sub-paragraph (b); and (c) in sub-paragraph (d), at the end add "by reason of his or his spouse's attendance on a course provided by an educational institution, or".
(5) Omit paragraph (3).
(ii) a declaration of local connection,";
(b) in sub-paragraph (c), -
(ii) at the end, add ", or";
(8) Omit paragraph (7) and substitute -
(7A) A person shown in the record kept under paragraph (4) as voting by proxy may subsequently alter his choice by applying to the registration officer to vote by post instead (whether for an indefinite period or for a particular period specified in his application); and if the application meets the requirements of Schedule 2, the registration officer shall amend the record accordingly.".
Article 9 (Absent vote at a particular Assembly election)
(b) in the case of an application to vote by proxy, 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.".
Article 11 (Proxies at Assembly elections)
(b) as proxy at a particular Assembly election,
the registration officer shall (subject to paragraph (12)) grant the application if the conditions set out in paragraph (4A) are satisfied.
(b) that there is in force an appointment of the applicant as the elector's proxy to vote for him at Assembly elections or, as the case may be, the Assembly election concerned, and (c) that the application meets the requirements set out in Schedule 2.".
(3) Omit paragraphs (5), (7) and (10).
(b) the addresses provided by them in their applications as the addresses to which their ballot papers are to be sent.".
(5) In paragraph (9) -
(b) in sub-paragraph (b), for "paragraph (7)" substitute "paragraph (4)(b)".
(6) In paragraph (11), for sub-paragraph (b), substitute -
and in sub-paragraph (c), for "10(a)" substitute "(4)(a)".
Article 23 (Effect of registers)
(b) in relation to any other person registered in the register, the relevant date for the purposes of section 4 of the 1983 Act[12]."
Article 25 (Discharge of registration duties)
(2) In article 34 of the principal Order -
(b) in paragraph (3), for "writ, summons or" there shall be substituted "legal process or other".
(3) In article 60(3) of the principal Order, for "the writ or other process" (in both places) and "a writ or other process" there shall be substituted "legal process".
37. For the purpose of this Part of this Order, sums paid or expenses incurred by, or in respect of, an individual candidate at a constituency election in respect of whom 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, are not to be regarded as having been paid or incurred by that party.".
(3) Articles 39, 40, 43 to 45, 47 to 49, 55, 57 and 65 of the principal Order shall be omitted.
(ii) for the words from "a register" to "(as first published)", there shall be substituted "the register of electors";
(b) in paragraph (2)(a)(i), for "5.9p" there shall be substituted "6.2p";
(6) For article 50 of the principal Order there shall be substituted -
50. - (1) After such consultation with the Assembly as appears to the Secretary of State to be appropriate, he may by order made by statutory instrument vary any of the sums to which this article applies -
(b) in order to give effect to a recommendation of the Electoral Commission.
(2) This article applies to any of the sums for the time being specified in articles 38(2), 41(1) or (2), or 42(2).
(7) In article 51 of the principal Order -
(b) paragraph (11) shall be omitted.
(8) Article 52(3) of the principal Order shall be omitted.
62A. Where the appropriate returning officer receives any return or declaration under article 42, 54 or 56 in respect of an election to the Assembly, he shall as soon as reasonably practicable after receiving the return or declaration deliver a copy of it to the Electoral Commission and, if so requested by the Commission, he shall also deliver to them a copy of any accompanying documents.".
Articles 69, 73 to 78 and 80 (Use of Schools, Transports and False Statements as to Candidates)
(b) in the definition of "return as to election expenses" the words "or 55(1)" shall be omitted.
Legal Proceedings
99. - (1) The Assembly election petition shall be at issue as from the relevant time, as defined by paragraph (2). (2) In this article "the relevant time" means -
(b) in any other case, the time when -
(ii) if such an objection is made, that objection is disallowed or removed, whichever happens later.".
(4) Omit articles 110 to 115 of the principal Order.
and
(b) after paragraph (3) insert -
(ii) after "the provisions of" insert "paragraph (4A) and"; and
(d) after paragraph (4) insert -
but this paragraph shall not apply in relation to any incapacities arising from a conviction or, as the case may be, a report by an election court where the conviction took place or the report was made before the date this Order comes into force.
143A. The certificate of a registration officer that any person is or is not, or was or was not at any particular time, duly registered in his register of local government electors in respect of any address shall be sufficient evidence of the facts stated in it; and a document purporting to be such a certificate shall be received in evidence and presumed to be such a certificate unless the contrary is proved.".
(13) In article 148 of the principal Order -
(b) in the definition of "return as to election expenses" omit "or 55".
Postal Services
(b) includes a person then shown in that register as below voting age if (but only if) it appears from the register that he will be of voting age on the day fixed for the poll.".
Schedule 1 to the principal Order (Election Lists and Registers: Miscellaneous and Related Provision)
(b) for "3. Sales of lists and register" substitute "3. Sale of register.".
(3) Omit paragraphs 1, 5 and 6.
(ii) after "only" insert "if supplied in printed form"; and (iii) for "them" substitute "it";
(b) in sub-paragraph (2)(ii) for "two copies" substitute "one copy";
(9) In sub-paragraph (7), the duty to supply as many printed copies of the register as the returning officer needs includes a duty to supply one copy in data form. (10) For the purposes of this paragraph "register" includes any revised version of the register under section 13(1) and (3) of the 1983 Act and any notice under sections 13A(2) and 13B(3) of that Act.".
(5) For paragraph 3 substitute -
3. Regulation 48 of the 2001 Regulations (sale of register etc.) shall apply to -
(b) the calculation of the payment of fees for such supply by any person (other than any person to whom the registration officer has a duty under this Schedule to supply copies free of charge),
as it applies to the supply of, and calculation of payment of fees for, a copy or copies of the register.".
(6) For paragraph 4 there shall be substituted -
4. - (1) The duty on the registration officer to supply data under paragraphs 2 and 3 imposes only a duty to supply such data recorded in the form in which he holds it. (2) The registration officer shall not supply data which includes information not included in the printed version of the register otherwise than under paragraph 2(7).".
(7) In paragraph 7 (interpretation) -
Schedule 2 to the Principal Order (Absent voting at Assembly elections)
(b) after "5. Additional requirements for applications" insert "to vote by proxy"; and (c) omit the words between "7" and "8".
(3) In paragraph 1 -
(ii) in paragraph (d), omit the words "under article 8(1), 9(1) or 12(4) or (7)" and substitute "to vote by proxy";"
(b) in sub-paragraph (2)(a), omit "and", and the reference to section 16(d) of the Representation of the People Act 1983 is to that section as amended by paragraph 9(c) of Schedule 1 to the Representation of the People Act 2000; and
(c) in the case of a person to whom section 7A of the 1983 Act applies (person remanded in custody), the address of the place at which he is detained or the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act, and (d) in the case of a homeless person, the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act.";
(d) in sub-paragraph (3), omit "12(7) or (8)" and substitute "12(8)"; and
(4) Omit paragraph 2.
(b) in sub-paragraph (1)(a), at end add -
(d) for paragraph (d) of sub-paragraph (1) substitute -
(e) in sub-paragraph (2) -
(ii) in paragraph (b), delete "in any other case", and (iii) after sub-sub-paragraph (b), add -
(ii) after sub-paragraph (ii), add -
(7) For paragraph 5 substitute -
5. An application under article 9(1) to vote by proxy at a particular election shall set out why the applicant's circumstances on the date of the poll for that election in respect of which it is made will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.".
(8) Omit paragraph 7.
(b) to vote by post or proxy under article 9(1), (c) for the appointment of a proxy under article 11(6) or 11(7), or (d) from a proxy to vote by post under article 12(4),
shall be disregarded for the purposes of any particular Assembly election if it is received by the registration officer after 5 p.m. on the sixth day before the date of the poll at that election.
(b) by a postal voter for his ballot paper to be sent to a different address or to vote instead by proxy at a particular election under 9(2), or (c) from a postal proxy for his ballot paper to be sent to a different address at a particular election under article 12(8),
shall be disregarded for the purposes of any particular Assembly election if it is received by the registration officer after 5 p.m. on the eleventh day before the date of the poll at that election.";
(c) in sub-paragraph (4) -
(ii) omit the words from "5 pm" to "election" and substitute -
(ii) 5 pm on the sixth day before the date of the poll at that election in any other case.".
(10) In paragraph 9 -
(11) In the Appendix of Forms -
]"; (ii) in note 2, after "it may be for" in the first sentence, insert "a particular or," and at the end of note 2 insert "If it is for a particular period, your right to vote as proxy expires on the date stated on the form."; (iii) omit note 7; and (iv) in note 8, omit the words from "if the electoral registration officer" to "elector's polling station", and for "the eleventh working day" substitute "the sixth working day".
(ii) in note 2, after "fe all fod am gyfnod" in the first sentence insert "pendant neu", and at the end of note 2 insert "Os yw am gyfnod pendant, bydd eich hawl i bleidleisio yn dod i ben ar y dyddiad a ddatganir ar y papur."; (iii) omit note 7, and (iv) in note 8, omit the words from "os yw'r swydddog cofrestru etholiadol" to "yng ngorsaf bleidleisio'r etholwr(aig)", and for "yr unfed diwrnod gwaith ar ddeg" substitute "y chweched diwrnod gwaith".
Schedule 3 (Issue and receipt of postal ballot papers)
(b) after "5. Persons entitled to be present" omit "issue and" and substitute "proceedings on"; (c) omit the words between "7" and "8" and substitute "Time when postal ballot papers are to be issued."; (d) omit the words between "11" and "12" and substitute "Delivery of postal ballot papers."; (e) omit the words between "12" and "13"; (f) under "14. Spoilt postal ballot paper" insert "14A. Lost postal ballot papers."; and (g) omit the words from "15" to "Forwarding of documents" and substitute -
17. Postal ballot boxes and receptacles. 18. Receipt of covering envelope. 19. Opening of postal voters' ballot box. 20. Opening of covering envelopes. 21. Procedure in relation to declarations of identity. 22. Opening of ballot paper envelopes. 23. Lists of rejected postal ballot papers. 24. Checking of lists kept under paragraph 23. 25. Sealing of receptacles. 26. Abandoned poll. 27. Forwarding of documents.".
(3) In paragraph 1 -
(b) in the definition of "postal voters' ballot box", for "12" substitute "17(1)(a)"; (c) omit the words from "receptacle for ballot paper envelopes" to "in paragraph 17(2)", and substitute ""receptacle for ballot paper envelopes", and other references to specified receptacles, means the receptacles referred to in paragraph 17(5)".
(4) After paragraph 4 there shall be inserted -
4A. No person may be present at the proceedings on the issue of postal ballot papers other than the constituency returning officer and his clerks.".
(5) Paragraph 5 shall be amended as follows -
(b) in sub-paragraph (1), omit "issue or"; and (c) in sub-paragraph (2) -
(ii) omit "not exceeding the number of such batches"; and (iii) in sub-paragraph (4) omit "this paragraph and" and after "sub-paragraphs" insert "(3),".
(6) For paragraph 7 there shall be substituted -
7. - (1) In the case of a person shown in the record kept under -
(b) article 12(6)
no postal ballot paper (and declaration of identity) shall be issued until after 5 p.m. on the eleventh day before the date of the poll (computed in accordance with paragraph 8(5) of Schedule 2).
(7) For paragraph 11 there shall be substituted -
11. - (1) For the purposes of delivering postal ballot papers, the constituency returning officer may use -
(b) a commercial delivery firm, or (c) persons appointed under paragraph 32(4) of Schedule 5.
(2) Where the services of a universal postal service provider or commercial delivery firm are to be used, envelopes addressed to postal voters shall be counted and delivered by the constituency returning officer with such form of receipt to be endorsed by that provider or firm as may be arranged.
(8) Paragraph 12 shall be omitted.
13. - (1) As soon as practicable after the issue of each batch of postal ballot papers, the constituency returning officer shall make up into a packet the counterfoils of those ballot papers which have been issued and shall seal such a packet. (2) As soon as practicable after the last batch of postal ballot papers have been issued, the constituency returning officer shall make up into a packet the marked copy of the absent voters list and the list of postal proxies and shall seal such a packet. (3) Until the time referred to in paragraph (2), the constituency returning officer shall take proper precautions for the security of the lists referred to in that paragraph.".
(10) Paragraph 14 shall be amended as follows -
(b) for sub-paragraph (4), substitute -
(d) after sub-paragraph (6) insert -
(8) The constituency returning officer shall enter in a list kept for the purpose ("the list of spoilt postal ballot papers") -
(b) the number of the postal ballot paper (or papers) issued under this paragraph, and (c) where the postal voter whose ballot paper is spoilt is a proxy, his name and address.".
(11) After paragraph 14 insert -
14A - (1) Where a postal voter has not received his postal ballot paper by the fourth day before the day of the poll, he may apply (whether or not in person) to the constituency returning officer for a replacement ballot paper. (2) Such an application shall include evidence of the voter's identity. (3) Where the application is received by the constituency returning officer before 5 p.m. on the day before the day of the poll and the constituency returning officer -
(b) has no reason to doubt that the postal voter did not receive the original postal ballot paper,
he shall issue another postal ballot paper or, as the case may be, postal ballot papers.
(b) the number of the lost postal ballot paper and of its replacement issued under this paragraph, and (c) where the postal voter whose ballot paper is lost is a proxy, his name and address.
(5) Paragraphs 8 to 13 shall apply to the issue of postal ballot papers under sub-paragraph (3).
(12) Omit paragraph 15.
16. - (1) The constituency returning officer shall 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 is to be opened to each -
(b) except in the case of an election to fill a vacancy in the seat of a constituency member , individual candidate for return as a regional member and the election agent for each registered party standing nominated.
(2) Such a notice shall specify -
(b) the number of agents a candidate may appoint under paragraph 5(2) to attend each opening.
Postal ballot boxes and receptacles
(b) postal ballot papers ("postal ballot box").
(2) Each such ballot box shall be marked "postal voters' ballot box" or "postal ballot box", as the case may be, and with the name of the constituency or electoral areas for which the election is, or elections are, held.
(b) the receptacle for declarations of identity; (c) the receptacle for ballot paper envelopes; and (d) the receptacle for rejected ballot paper envelopes.
(6) The constituency returning officer shall take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.
(b) contains a ballot paper envelope, declaration of identity or ballot papers,
the first-mentioned envelope together with its contents, shall be placed in a postal voters' ballot box.
(b) a ballot paper envelope, or if there is no ballot envelope, a ballot paper (or ballot papers).
(3) Where the covering envelope does not contain the declaration of identity separately, the constituency returning officer shall open the ballot paper envelope to ascertain whether the declaration of identity is inside.
(b) a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper, (or ballot papers),
the constituency returning officer shall mark the covering envelope "provisionally rejected", attach its contents (if any) and place it in the receptacle for rejected votes.
(b) in the receptacle for rejected votes, any other ballot paper, to which shall be attached the declaration of identity marked "provisionally rejected"; and (c) in the receptacle for declarations of identity, any declaration of identity not disposed of under paragraph (b).
(6) Where the number (or numbers) on a valid declaration of identity is (or are) not the same as the number (or numbers) on the ballot paper envelope or where that envelope has no number on it (or only one number where the declaration of identity has more than one), the constituency returning officer shall open the envelope.
(b) place in the receptacle for rejected votes any other ballot paper, to which shall be attached the declaration of identity marked "provisionally rejected", (c) place in the receptacle for rejected votes any declaration of identity marked "provisionally rejected" in respect of a ballot paper envelope -
(ii) which does not contain a sufficient number of ballot papers if more than one number appears on the declaration,
and shall indicate the missing ballot paper, where that is the case, and
Opening of ballot paper envelopes
(b) in the receptacle for rejected votes, any other ballot paper which shall be marked "provisionally rejected" and to which shall be attached the ballot paper envelope, and (c) in the receptacle for rejected ballot paper envelopes, any ballot paper envelope which shall be marked "provisionally rejected" 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 indicating, in such a case, the missing ballot paper).
Lists of rejected postal ballot papers
(b) the receptacle of declarations of identity, (c) the receptacle of rejected ballot paper envelopes, and (d) the lists of spoilt and lost postal ballot papers,
and shall seal up such packets.
(b) shall, notwithstanding paragraphs 20 to 22, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.
(2) Sub-paragraph (1) shall not apply where postal ballot papers for more than one election have been issued together under paragraph 2.
(b) a completed statement in the form "Statement as to postal ballot papers" set out in English and Welsh in the Appendix of Forms, of the number of postal ballot papers issued.
(2) Where -
(b) any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or (c) any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,
the constituency returning officer shall put them unopened in a separate packet, seal up such packet and endorse and forward it at a subsequent date in the manner described in sub-paragraph (1 ).
(14) In the Appendix of Forms -
(ii) at the end of note 3 in Welsh add "Yn ôl eich dewis yn lle hynny, gellir eu trosglwyddo i orsaf bleidleisio yn yr etholaeth yma cyn i'r pleidleisio ddod i ben.";
(b) in the "Form of declaration of identity referred to in paragraph 3(b)" -
(ii) at the end of note 3 in Welsh add "Yn ôl eich dewis yn lle hynny, gellir ei drosglwyddo i orsaf bleidleisio yn yr etholaeth yma cyn i'r pleidleisio ddod i ben.";
(c) in the "Form of declaration of identity referred to in paragraph 3(c)" -
(ii) at the end of note 4 in Welsh add "Yn ôl eich dewis yn lle hynny, gellir eu trosglwyddo i orsaf bleidleisio yn yr etholaeth yma cyn i'r pleidleisio ddod i ben.";
(d) in the "Form of declaration of identity referred to in paragraph 3(d)" -
(ii) at the end of note 3 in Welsh add "Yn ôl eich dewis yn lle hynny, gellir eu trosglwyddo i orsaf bleidleisio yn yr etholaeth yma cyn i'r pleidleisio ddod i ben.";
(ii) at the end of note 3 in Welsh add "Yn ôl eich dewis yn lle hynny, gellir eu trosglwyddo i orsaf bleidleisio yn yr etholaeth yma cyn i'r pleidleisio ddod i ben.".
Schedule 4 to the principal Order (Combination of Polls)
(b) for the words between "22" and "23" there shall be substituted "Appendix of forms in Schedule 5 (form of declaration to be made by the companion of a voter with disabilities).".
(3) In paragraph 13, for "blind persons" (in the heading) and "blind voters" substitute "voters with disabilities".
(b) in the list of forms under the sub-heading "Appendix of Forms", for the words "Form of declaration to be made by the companion of a blind voter" there shall be substituted "Form of declaration to be made by the companion of a person with disabilities".
(3) In paragraph 4 (nomination of candidates at a constituency election), for sub-paragraph (3) substitute -
(b) the word "Independent" or, where the equivalent form of words in Welsh is prescribed by an order made under section 26(2) of the Welsh Language Act 1993[14] for use at an Assembly election, that form of words, as well as or in place of the word "Independent".".
(4) In paragraph 5 (nomination paper: name of registered political party) -
(b) after sub-paragraph (4) add -
(b) a registered political party is a qualifying party in relation to an Assembly constituency if the party was at the relevant time registered in respect of Wales in the Great Britain register maintained under that Part of that Act.".
(5) In paragraph 6 (nomination of individual candidates at a regional election), for sub-paragraph (3) substitute -
(b) the word "Independent" or, where the equivalent form of words in Welsh is prescribed by an order made under section 26(2) of the Welsh Language Act l993 for use at an Assembly election, that form of words, as well as or in place of the word "Independent".".
(6) In paragraph 7 (nomination of party list candidates at a regional election), for sub-paragraph (2) substitute -
(7) In paragraph 8(1) (party nomination paper: name of registered political party), for "description" substitute "name".
(b) in the case of each candidate standing nominated in respect of whom a certificate has been received by the returning officer in accordance with paragraph 5, a copy of that certificate as well.".
(9) In paragraph 17 (regional election: publication of statement of persons nominated etc), after sub-paragraph (9) insert -
(10) In paragraph 34 (equipment of polling stations), after sub-paragraph (4) insert -
(b) a device (or devices) of the description set out in sub-paragraphs (4B) and (4C), for enabling voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of paragraph 44(1)).
(4B) The device referred to in sub-paragraph (4A)(b) must be capable of being attached firmly to a ballot paper and of being removed from it after use without damage to the paper.
(b) in the case of a regional election, above the descriptions of the registered political parties or, as the case may be, the particulars of individual candidates,
on which the vote is to be marked ("the relevant space").
(11) In paragraph 35(7) (appointment of polling and counting agents) omit all the words before "any appointment".
(1) If a voter makes an application to the presiding officer to be allowed, on the ground of -
(b) inability to read,
to vote with the assistance of another person by whom he is accompanied (in this Schedule referred to as "the companion"), the presiding officer shall require the voter to declare, orally or in writing, whether he is so incapacitated by his blindness or other incapacity, or by his inability to read, as to be unable to vote without assistance.";
(c) in sub-paragraph (3) after "For the purposes of this paragraph," insert "a person is a voter with disabilities if he has made such a declaration as is mentioned in sub-paragraph (1), and".
(14) In paragraphs 48(1)(j) and (2)(g) (procedure on close of poll), for "blind voters", wherever occurring, substitute "voters with disabilities".
(b) the declaration of identity duly signed and authenticated is returned,
by hand to a polling station in the same constituency, or by hand or by post to the constituency returning officer.
(16) In paragraphs 62(1)(e) and (2)(c) (delivery of documents to the Assembly), for "blind voters" (whenever occurring) substitute "voters with disabilities".
(b) for "person dall" and "bleidleisiwr dall" substitute "pleidleisiwr anabl" and "bleidleisiwr anabl" respectively; (c) after the words "guilty of an offence" add the following note -
Schedule 6 to the principal Order (returns and declarations as to election expenses)
(b) Form of declaration referred to in article 45(2), (c) Form of return referred to in article 55(1), (d) Form of declaration referred to in article 57(1), and (e) Form of declaration referred to in article 57(2).
(This note is not part of the Order) This Order amends the National Assembly for Wales (Representation of the People) Order 1999 ("the 1999 Order"). The amendments are needed as a consequence of changes made by the Representation of the People Act 2000, the Political Parties, Elections and Referendums Act 2000 and the Representation of the People (England and Wales) Regulations 2001. Among the changes made to the 1999 Order are those resulting from the introduction by the Representation of the People Act 2000 of a new system of "rolling registration". Under this system the register of local government electors continues in force indefinitely (although revised versions of it will be produced at least once a year). This contrasts with the previous system under which the Register remained in force for one year and was compiled by reference to residence on a qualifying date. As eligibility to vote at elections for membership of the National Assembly for Wales depends on registration in the register of local government electors, amendment of the 1999 Order is necessary to reflect, and take account of, the changes made by the recent primary and subordinate legislation. The main changes made to the 1999 Order concern -
(b) voting by proxy (articles 9 and 10); (c) the effect of registration (article 11); (d) voters with disabilities (articles 13, 25 and 26); (e) expenses of political parties (article 16); (f) issue and receipt of postal ballot papers (article 24); (g) changes to Schedule 5 to the 1999 Order (conduct of Assembly elections and return of Assembly members) (article 26).
The changes made by this Order are intended to align the registration and voting procedures at elections for membership of the National Assembly for Wales with election for membership of the House of Commons and at local government elections. Notes: [1] 1998 c. 38; section 11 was amended by Schedule 21, paragraph 12(3) and Schedule 22 to the Political Parties, Elections and Referendums Act 2000 (c. 41).back [3] The matters mentioned in section 11(2)(c) of the 1998 Act are the limitation of the election expenses of candidates (and the creation of criminal offences in connection with the limitation of such expenses).back [4] As required by section 7 of the Political Parties Elections and Referendums Act 2000 (c. 41).back [5] S.I. 1999/450, as amended by S.I. 2001/1149.back [6] 1983 c. 2; section 15 was amended by the 2000 Act, Schedule 1, paragraph 8, and by Schedule 7.back [8] S.I. 2001/341, amended by S.I. 2001/700.back [9] Another amendment to article 2(1) of the principal Order is made by article 14.back [10] Section 13A of the 1983 Act was inserted by the 2000 Act, Schedule 1, paragraph 6.back [11] Section 13 was substituted by paragraph 6 of Schedule 1 to the Representation of the People Act 2000.back [12] Section 4 was substituted by section 1(2) of the Representation of the People Act 2000.back [13] Section 7B was inserted by section 6 of the 2000 Act.back [14] 1993 c. 38. The form of words "Annibynnol" was prescribed by article 2 of S.I. 2001/2914 (W.244) as the form of words which may be used as well as or in place of the word "Independent" at an election to the National Assembly for Wales.back
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