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

Persons reported personally guilty of corrupt or illegal practices

110.—(1) Other than where the petition relates to a vacancy return, the report of the election court under article 99 shall state the names of all persons (if any) who have been proved at the trial to have been guilty of any corrupt or illegal practice, but in the case of someone—

(a)who is not a party to the petition; or

(b)who is not a candidate on behalf of whom the seat is claimed by the petition,

the election court shall first cause notice to be given to him, and if he appears in pursuance of the notice shall give him an opportunity of being heard by himself and of calling evidence in his defence to show why he should not be so reported.

(2) The report shall be laid before the Director of Public Prosecutions.

(3) Subject to the provisions of paragraph (4) and article 126, a candidate or other person reported by an election court personally guilty of a corrupt or illegal practice shall during the relevant period specified in paragraph (5) be incapable—

(a)of being registered as an elector or voting at any—

(i)Assembly election;

(ii)election to the House of Commons;

(iii)election to the European Parliament;

(iv)election to the Scottish Parliament;

(v)election to the Northern Ireland Assembly; or

(vi)local government election; or

(b)of being elected to the Assembly, the House of Commons, the European Parliament, the Scottish Parliament, the Northern Ireland Assembly or as a member of a local authority, and if already elected to a seat in the Assembly or holding another elective office, shall vacate the seat or office as from the date of the report.

(4) The incapacities imposed by paragraph (3)(a) apply only to a candidate or other person reported personally guilty of a corrupt practice under article 14(11) or 30 or of an illegal practice under article 31.

(5) For the purposes of paragraph (3) the relevant period is the period beginning with the date of the report and ending—

(a)in the case of a person reported personally guilty of a corrupt practice, five years after that date; and

(b)in the case of a person reported personally guilty of an illegal practice, three years after that date.

(6) The provisions of this article as to the consequences of the report that a candidate was guilty by his agents of a corrupt or illegal practice have effect subject to the express provisions of this Order relating to particular acts which are declared to be corrupt or illegal practices.