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Statutory Instruments

2007 No. 236

CONSTITUTIONAL LAW

DEVOLUTION, WALES

REPRESENTATION OF THE PEOPLE

The National Assembly for Wales (Representation of the People) Order 2007

Made

31st January 2007

Coming into force in accordance with article 1(1)

CONTENTS

Go to Preamble

  1. PART 1

    General

    1. 1. Citation, commencement and revocation

    2. 2. Interpretation

  2. PART 2

    Assembly franchise and its exercise

    1. 3. Voting at Assembly elections

    2. 4. Registers of electors etc

    3. 5. Registration appeals

    4. 6. Polling districts and places at Assembly elections

    5. 7. Manner of voting at Assembly elections

    6. 8. Absent vote at Assembly elections for a particular or an indefinite period

    7. 9. Absent vote at a particular Assembly election

    8. 10. Absent voters lists at Assembly elections

    9. 11. Proxies at Assembly elections

    10. 12. Voting as proxy at Assembly elections

    11. 13. Electors' signatures and use of personal identifier information

    12. 14. Offences

    13. 15. Absent voting at Assembly elections: miscellaneous

    14. 16. Combination of polls at Assembly and local government elections

    15. 17. Rules for Assembly elections

    16. 18. Returning officers

    17. 19. Officers of councils to be placed at disposal of returning officers

    18. 20. Returning officers: discharge of functions

    19. 21. Returning officers: correction of procedural errors

    20. 22. Returning officers: general

    21. 23. Payments by and to returning officer

    22. 24. Detailed assessment of returning officer’s account

    23. 25. Loan of equipment for Assembly elections

    24. 26. Effect of registers

    25. 27. Effect of misdescription

    26. 28. Discharge of registration duties

    27. 29. Payment of expenses of registration

    28. 30. Personation

    29. 31. Other voting offences

    30. 32. Breach of official duty

    31. 33. Tampering with nomination papers, ballot papers etc

    32. 34. False statements in nomination papers etc

    33. 35. Requirement of secrecy

    34. 36. Prohibition on publication of exit polls

  3. PART 3

    The election campaign

    1. 37. Appointment of election agent

    2. 38. Nomination of sub-agent

    3. 39. Office of election agent and sub-agent

    4. 40. Effect of default in election agent’s appointment

    5. 41. Control of donations to constituency and individual candidates

    6. 42. Expenses of constituency candidate

    7. 43. Constituency and individual candidates: payment of expenses by or through election agent

    8. 44. Expenses which may be paid otherwise than by election agent

    9. 45. Expenses incurred otherwise than for election purposes

    10. 46. Constituency and individual candidates: prohibition of expenses not authorised by election agent etc

    11. 47. Constituency and individual candidates: limitation of election expenses

    12. 48. Power to vary provisions concerning election expenses

    13. 49. Time for sending in and paying claims

    14. 50. Disputed claims

    15. 51. Election agent’s claim

    16. 52. Constituency and individual candidates: return as to election expenses

    17. 53. Constituency and individual candidates: declaration as to election expenses

    18. 54. Party list candidates: declarations as to election expenses

    19. 55. Circumstances in which no return or declaration is required

    20. 56. Penalty for failure as respects return or declarations

    21. 57. Penalty for sitting or voting where no return and declarations are delivered etc

    22. 58. Authorised excuses for failures as to return and declarations

    23. 59. Court’s power to require information from election agent or sub-agent

    24. 60. Duty of appropriate returning officer to forward returns and declarations to the Commission

    25. 61. Publication of time and place of inspection of returns and declarations

    26. 62. Constituency and individual candidates: inspection of returns and declarations

    27. 63. Meaning of “election expenses”

    28. 64. Property, goods, services etc. provided free of charge or at a discount

    29. 65. Right to send election address post free

    30. 66. Broadcasting from outside United Kingdom

    31. 67. Broadcasting of local items during election period.

    32. 68. Imitation poll cards

    33. 69. Schools and rooms for Assembly election meetings

    34. 70. Disturbances at Assembly election meetings

    35. 71. Officials not to act for candidates

    36. 72. Illegal canvassing by police officers

    37. 73. False statements as to candidates

    38. 74. Corrupt withdrawal from candidature

    39. 75. Payments for exhibition of election notices

    40. 76. Printer’s name and address on election publications

    41. 77. Prohibition of paid canvassers

    42. 78. Providing money for illegal purposes

    43. 79. Bribery

    44. 80. Treating

    45. 81. Undue influence

    46. 82. Rights of creditors

    47. 83. Savings as to Assembly elections

    48. 84. Interpretation of Part 3

    49. 85. Computation of time for purposes of Part 3

  4. PART 4

    Legal proceedings

    1. 86. Method of questioning Assembly election

    2. 87. Presentation and service of Assembly election petition

    3. 88. Time for presentation or amendment of Assembly election petition

    4. 89. Constitution of election court and place of trial

    5. 90. Judges' expenses and reception

    6. 91. Attendance of shorthand writer

    7. 92. Security for costs

    8. 93. Petition at issue

    9. 94. List of petitions

    10. 95. Trial of petition

    11. 96. Witnesses

    12. 97. Duty to answer relevant questions

    13. 98. Expenses of witnesses

    14. 99. Conclusion of trial of Assembly election petition

    15. 100. Election court determination in respect of a constituency election etc

    16. 101. Regional election determined to be void by election court

    17. 102. Special case for determination of High Court

    18. 103. Withdrawal of petition

    19. 104. Costs of petition

    20. 105. Neglect or refusal to pay costs

    21. 106. Further provision as to costs

    22. 107. Appeals and jurisdiction

    23. 108. Report as to candidate guilty of a corrupt or illegal practice

    24. 109. Candidate reported guilty of corrupt or illegal practice

    25. 110. Persons reported personally guilty of corrupt or illegal practices

    26. 111. Persons reported personally guilty of corrupt or illegal practices at parliamentary elections or local government elections

    27. 112. Persons reported personally guilty of corrupt or illegal practices at European parliamentary elections

    28. 113. Justice of the peace

    29. 114. Members of legal and certain other professions

    30. 115. Holder of licence or certificate under Licensing Acts

    31. 116. Avoidance of election for general corruption etc

    32. 117. Avoidance of election for employing corrupt agent

    33. 118. Votes to be struck off for corrupt or illegal practices

    34. 119. Application for relief

    35. 120. Prosecutions for corrupt practices

    36. 121. Prosecutions for illegal practices

    37. 122. Conviction of illegal practice on charge of corrupt practice etc

    38. 123. Incapacities on conviction of corrupt or illegal practice

    39. 124. Incapacities on conviction of corrupt or illegal practice at parliamentary or local government elections

    40. 125. Incapacities on conviction of corrupt or illegal practice at European parliamentary elections

    41. 126. Mitigation and remission etc

    42. 127. Illegal payments etc

    43. 128. Time limit for prosecutions

    44. 129. Prosecution of offences committed outside the United Kingdom

    45. 130. Offences by associations

    46. 131. Evidence by certificate of holding of Assembly elections

    47. 132. Evidence by certificate of electoral registration

    48. 133. Director of Public Prosecutions

    49. 134. Rules of procedure

    50. 135. Costs

    51. 136. Service of notices

    52. 137. Interpretation of Part 4

    53. 138. Computation of time for purposes of Part 4

  5. PART 5

    Miscellaneous and supplemental

    1. 139. Advertisements

    2. 140. Assembly constituencies not wholly within a county or county borough

    3. 141. Translations etc. of certain documents

    4. 142. Forms: general

    5. 143. Public notices, and declarations

    6. 144. Sending of applications and notices; electronic signatures and related certificates

    7. 145. Publication of documents

    8. 146. Interference with notices etc

    9. 147. Premises used for election purposes

    10. 148. Dissolution of the Assembly

    11. 149. Saving and transitional provision as to incapacities in respect of Assembly elections

    1. SCHEDULE 1

      Absent voting at Assembly elections

    2. SCHEDULE 2

      Absent voting (transitional provisions)

    3. SCHEDULE 3

      Issue and receipt of postal ballot papers

    4. SCHEDULE 4

      Combination of polls

      1. PART 1

        General

      2. PART 2

        Modifications to Schedule 5 to apply where the poll at an Assembly election is taken together with a poll at a local government election under Article 16 (1) or (2)

      3. PART 3

        Modifications to election rules to apply where the poll at an election of county or county borough councillors is taken together with a poll at an Assembly election under Article 16(1) or (2)

      4. PART 4

        Modifications to election rules to apply where the poll at an election of community councillors is taken together with the poll at an Assembly election under Article 16(1) or (2)

    5. SCHEDULE 5

      Assembly election rules

      1. PART 1

        Provision as to time

      2. PART 2

        Stages common to contested and uncontested elections

      3. PART 3

        Contested elections

      4. PART 4

        Final proceedings in contested and uncontested elections

      5. PART 5

        Disposal of documents

      6. PART 6

        Death of candidate

      7. PART 7

        Miscellaneous

    6. SCHEDULE 6

      Control of donations to candidates

      1. PART 1

        General

      2. PART 2

        Controls on donations

      3. PART 3

        Reporting of donations

    7. SCHEDULE 7

      Election expenses

      1. PART 1

        List of matters

      2. PART 2

        General exclusions

    8. SCHEDULE 8

      Use for Assembly election meetings of rooms in school premises and of meeting rooms

    9. SCHEDULE 9

      Modification of Election Petition Rules 1960

    10. SCHEDULE 10

      Appendix of forms

Go to Explanatory Note

This Order is made in exercise of the powers conferred by section 11 of the Government of Wales Act 1998(1).

In accordance with section 7(1) of the Political Parties, Elections and Referendums Act 2000(2) the Secretary of State for Wales has taken into account the views of the Electoral Commission, and in accordance with section 8(2) and (3)(b) of that Act of 2000, he has acted on the recommendation of the Commission in limiting the expenses of candidates under section 11(2)(c) of the 1998 Act.

In accordance with section 154(2) and (3)(a) of the 1998 Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament, accordingly the Secretary of State for Wales makes the following Order:

(1)

1998 c. 38. By virtue of Schedule 12 to the Government of Wales Act 2006 (c. 32), as read with section 161 (1) of that Act, section 11 will be repealed immediately after the Assembly “general “ election in May 2007 . That election is held under Part  1 of the Government of Wales Act 1998 (c. 38 ),but is an election of members to the National Assembly for Wales constituted by the Act of 2006: see paragraph 2 of Schedule 11 to the Act of 2006 . Subsequent elections to that Assembly will be conducted in accordance with orders made under section 13 of the Act of 2006. However, by virtue of paragraph 8 of Schedule 11 to that Act of 2006 , any order made under section 11 of the Act of 1998  that is in force on the repeal of section 11 will thereafter have effect as if made under section 13 of the Act of 2006 ). See section 161(1) of the Government of Wales Act 2006 (c. 32) as to the prospective repeal of section 11 and paragraph 8 of Schedule 11 to that Act of 2006 as to the transitional provision in respect of any order under section 11 that is in force on the repeal of section 11. Back [1]

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