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The National Assembly for Wales (Representation of the People) Order 1999

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  1. Introductory Text

  2. PART I GENERAL

    1. 1.Citation and commencement

    2. 2.Interpretation

  3. PART II 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 an indefinite period

    7. 9.Absent vote at a particular Assembly election

    8. 10.Absent voters list at Assembly elections

    9. 11.Proxies at Assembly elections

    10. 12.Voting as proxy at Assembly elections

    11. 13.Absent voting at Assembly elections: miscellaneous

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

    13. 15.Conduct of Assembly elections etc.

    14. 16.Returning officers

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

    16. 18.Returning officers: discharge of functions

    17. 19.Returning officers: general

    18. 20.Payments by and to returning officer

    19. 21.Taxation of returning officer’s account

    20. 22.Loan of equipment for Assembly elections

    21. 23.Effect of registers

    22. 24.Effect of misdescription

    23. 25.Discharge of registration duties

    24. 26.Payment of expenses of registration

    25. 27.Personation

    26. 28.Other voting offences

    27. 29.Breach of official duty

    28. 30.Tampering with nomination papers, ballot papers etc.

    29. 31.Requirement of secrecy

  4. PART III THE ELECTION CAMPAIGN

    1. 32.Appointment of election agent

    2. 33.Nomination of sub-agent

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

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

    5. 36.Making of contracts through election agent

    6. 37.Expenses of a registered political party

    7. 38.Individual candidate: payment of expenses by or through election agent

    8. 39.Registered political party at an ordinary election: payment of expenses by or through election agent, registered nominating officer, etc.

    9. 40.Registered political party at a regional election other than at an ordinary election: payment of expenses by or through election agent, registered nominating officer etc.

    10. 41.Candidate’s personal expenses, and petty expenses

    11. 42.Individual candidates: prohibition of expenses not authorised by election agent etc.

    12. 43.Registered political party at an ordinary election: prohibition of expenses not authorised by election agent, registered nominating officer etc.

    13. 44.Registered political party at regional elections other than at an ordinary election: prohibition of expenses not authorised by election agent, registererd nominating officer etc.

    14. 45.Provisions supplemental to articles 43 and 44

    15. 46.Individual candidate: limitation of election expenses

    16. 47.Registered political party at an ordinary election: limitation of election expenses

    17. 48.Registered political party at a regional election other than at an ordinary election: limitation of election expenses.

    18. 49.Provisions supplemental to articles 47 and 48

    19. 50.Power to vary provisions concerning election expenses

    20. 51.Time for sending in and paying claims

    21. 52.Disputed claims

    22. 53.Election agent’s claim

    23. 54.Individual candidate at an Assembly election: return as to election expenses

    24. 55.Registered political party: return as to election expenses

    25. 56.Individual candidate at Assembly elections: declarations as to election expenses

    26. 57.Registered political party: declarations as to election expenses

    27. 58.Where no return and declarations are needed at Assembly election

    28. 59.Penalty for failure as respects return of declarations

    29. 60.Penalty for sitting or voting where no return and declarations are delivered etc.

    30. 61.Authorised excuses for failures as to return and declarations

    31. 62.Court’s power to require information from election agent or sub-agent

    32. 63.Publication of time and place of inspection of returns and declarations

    33. 64.Individual candidate: inspection of returns and declarations

    34. 65.Registered political parties: inspection of returns and declarations

    35. 66.Right to send election address post free

    36. 67.Broadcasting from outside United Kingdom

    37. 68.Imitation poll cards

    38. 69.Schools and rooms for Assembly election meetings

    39. 70.Disturbances at Assembly election meetings

    40. 71.Officials not to act for candidates

    41. 72.Illegal canvassing by police officers

    42. 73.No hiring of vehicles to convey voters

    43. 74.No payments for conveyance of voters

    44. 75.Provisions supplemental to articles 73 and 74

    45. 76.“Carriage” in articles 73 to 75

    46. 77.Access to polling place by sea

    47. 78.False statements as to candidates

    48. 79.Corrupt withdrawal from candidature

    49. 80.Premises not to be used as committee rooms

    50. 81.Payments for exhibition of election notices

    51. 82.Printer’s name and address on election publications

    52. 83.Prohibition of paid canvassers

    53. 84.Providing money for illegal purposes

    54. 85.Bribery

    55. 86.Treating

    56. 87.Undue influence

    57. 88.Rights of creditors

    58. 89.Savings as to Assembly elections

    59. 90.Interpretation of Part III

    60. 91.Computation of time for purposes of Part III

  5. PART IV LEGAL PROCEEDINGS

    1. 92.Method of questioning Assembly election

    2. 93.Presentation and service of Assembly election petition

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

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

    5. 96.Judges' expenses and reception

    6. 97.Attendance of shorthand writer

    7. 98.Security for costs

    8. 99.Petition at issue

    9. 100.List of petitions

    10. 101.Trial of petition

    11. 102.Witnesses

    12. 103.Duty to answer relevant questions

    13. 104.Expenses of witnesses

    14. 105.Conclusion of trial of Assembly election petition

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

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

    17. 108.Special case for determination of High Court

    18. 109.Withdrawal of petition

    19. 110.Evidence required for withdrawal of petition

    20. 111.Penalty for corrupt withdrawal and breach of article 110

    21. 112.Substitution of new petitioner

    22. 113.Report on withdrawal

    23. 114.Abatement of petition

    24. 115.Withdrawal and substitution of respondents before trial

    25. 116.Costs of petition

    26. 117.Neglect or refusal to pay costs

    27. 118.Further provision as to costs

    28. 119.Appeals and jurisdiction

    29. 120.Report as to candidate guilty of a corrupt or illegal practice

    30. 121.Candidate reported guilty of corrupt or illegal practice

    31. 122.Persons reported personally guilty of corrupt or illegal practices

    32. 123.Persons reported personally guilty of corrupt or illegal practices at parliamentary elections or local government elections

    33. 124.Persons reported personally guilty of corrupt or illegal practices at European Parliamentary elections

    34. 125.Justice of the peace

    35. 126.Members of legal and certain other professions

    36. 127.Holder of licence or certificate under Licensing Acts

    37. 128.Avoidance of election for general corruption etc.

    38. 129.Avoidance of election for employing corrupt agent

    39. 130.Votes to be struck off for corrupt or illegal practices

    40. 131.Application for relief

    41. 132.Prosecutions for corrupt practices

    42. 133.Prosecutions for illegal practices

    43. 134.Conviction of illegal practice on charge of corrupt practice etc.

    44. 135.Incapacities on conviction of corrupt or illegal practice

    45. 136.Incapacities on conviction of corrupt or illegal practice at parliamentary elections or local government elections

    46. 137.Incapacities on conviction of corrupt or illegal practice at European Parliamentary elections

    47. 138.Mitigation and remission etc.

    48. 139.Illegal payments etc.

    49. 140.Time limit for prosecutions

    50. 141.Prosecution of offences committed outside the United Kingdom

    51. 142.Offences by associations

    52. 143.Evidence by certificate of holding of Assembly elections

    53. 144.Director of Public Prosecutions

    54. 145.Rules of procedure

    55. 146.Costs

    56. 147.Service of notices

    57. 148.Interpretation of Part IV

    58. 149.Computation of time for purposes of Part IV

  6. PART V MISCELLANEOUS AND SUPPLEMENTAL

    1. 150.Advertisements

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

    3. 152.Forms: absent voting

    4. 153.Forms: general

    5. 154.Public notices, and declarations

    6. 155.Sending of applications and notices

    7. 156.Publication of documents

    8. 157.Interference with notices etc.

    9. 158.Premises used for election purposes

  7. Signature

    1. SCHEDULE 1

      ELECTORS LISTS AND REGISTERS: MISCELLANEOUS AND RELATED PROVISION

      1. 1.Free copies of electors lists

      2. 2.Free copies of register etc.

      3. 3.Sale of lists and register

      4. 4.Supply of data

      5. 5.Supply of Labels

      6. 6.Alterations to published register

      7. 7.Interpretation

    2. SCHEDULE 2

      ABSENT VOTING AT ASSEMBLY ELECTIONS

      1. 1.General requirements for applications

      2. 2.Additional requirements for applicant no longer resident at qualifying address

      3. 3.Additional requirements for applications on grounds of physical incapacity

      4. 4.Additional requirements for applications based on occupation, service or employment

      5. 5.Additional requirements for applications in respect of a particular Assembly election

      6. 6.Additional requirements for applications for appointment of a proxy

      7. 7.Additional requirements for applications by proxies to vote by post at a particular Assembly election

      8. 8.Closing dates for applications

      9. 9.Grant or refusal of applications

      10. 10.Notice of appeal

      11. 11.Cancellation of proxy appointment

      12. 12.Inquiries by registration officer

      13. 13.Records and lists kept under articles 8, 10 and 12

      14. 14.Marked register for polling stations

      15. 15.Certificate of employment at an Assembly election

      16. 16.Notification by registration officer

      17. 17.Transitional provision for absent voters

      18. APPENDIX OF FORMS

        1. Form of proxy paper

        2. Form of certificate of employment

    3. SCHEDULE 3

      ISSUE AND RECEIPT OF POSTAL BALLOT PAPERS

      1. 1.Interpretation

      2. issue of postal ballot papers

        1. 2.Combination of polls

        2. 3.Form of declaration of identity

        3. 4.Regional elections

        4. 5.Persons entitled to be present at issue and receipt of postal ballot papers

        5. 6.Notification of requirement of secrecy

        6. 7.Notice of issue of postal ballot papers

        7. 8.Marking of postal ballot papers etc.

        8. 9.Refusal to issue postal ballot paper

        9. 10.Envelopes

        10. 11.Delivery of postal ballot papers to post office

        11. 12.Provision of postal voters' ballot box

        12. 13.Sealing up of special lists and counterfoils

        13. 14.Spoilt postal ballot paper

      3. receipt of postal ballot papers

        1. 15.Receipt of covering envelope

        2. 16.Opening of postal voters' ballot box

        3. 17.Opening of covering envelopes

        4. 18.Sealing up of rejected votes and declarations of identity

        5. 19.Opening of ballot paper envelopes

        6. 20.Abandoned poll

        7. 21.Forwarding of documents

      4. APPENDIX OF FORMS

        1. Form of declaration of identity referred to in paragraph 3(a)

        2. Form of declaration of identity referred to in paragraph 3(b)

        3. Form of declaration of identity referred to in paragraph 3(c)

        4. Form of declaration of identity referred to in paragraph 3(d)

        5. Form of declaration of identity referred to in paragraph 3(e)

        6. Statement as to postal ballot papers

    4. SCHEDULE 4

      COMBINATION OF POLLS

      1. PART I GENERAL

        1. 1.Returning officers and polling stations

        2. (4).Where the polls at an ordinary Assembly election and a...

        3. 2.Functions at combined polls

        4. 3.Modification of provisions about expenses in this Order and the 1983 Act

      2. PART II 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 14(1) OR (2)

        1. 4.Modifications to Schedule 5: general provision

        2. 5.Paragraph 25 of Schedule 5 (colour of ballot papers)

        3. 6.Paragraph 29 of Schedule 5 (notice of poll)

        4. 7.Paragraph 33 of Schedule 5 (issue of official poll cards)

        5. 8.Paragraph 34 of Schedule 5 (equipment of polling stations)

        6. 9.Paragraph 35 of Schedule 5 (appointment of polling and counting agents)

        7. 10.Paragraph 40 of Schedule 5 (questions to be put to voters)

        8. 11.Paragraph 42 of Schedule 5 (voting procedure)

        9. 12.Paragraph 43 of Schedule 5 (votes marked by presiding officer)

        10. 13.Paragraph 44 of Schedule 5 (voting by blind persons)

        11. 14.Paragraph 45 of Schedule 5 (tendered ballot papers)

        12. 15.Paragraph 47 of Schedule 5 (adjournment of poll in case of riot)

        13. 16.Paragraph 48 of Schedule 5 (procedure on close of poll)

        14. 17.Paragraph 49 of Schedule 5 (time of, and attendance at, counting of votes)

        15. 18.Paragraph 50 of Schedule 5 (the count)

        16. 19.Paragraph 62 of Schedule 5 (delivery of documents to the Assembly)

        17. 20.Paragraph 65 of Schedule 5 (countermand or abandonment of poll etc. on death of candidate)

        18. 21.Appendix of forms in Schedule 5 (form of directions for the guidance of the voters in voting)

        19. 22.Appendix of forms in Schedule 5 (form of declaration to be made by the companion of a blind voter)

      3. PART III 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 14(1) OR (2)

        1. 23.Modifications to principal area election rules: general provision

        2. 24.Rule 1 of principal area election rules (timetable)

        3. 25.Rule 14 of principal area election rules (the ballot papers)

        4. 26.Rule 18 of principal area election rules (notice of poll)

        5. 27.Rule 22 of principal area election rules (issue of official poll cards)

        6. 28.Rule 23 of principal area election rules (equipment of polling stations)

        7. 29.Rule 24 of principal area election rules (appointment of polling and counting agents)

        8. 30.Rule 29 of principal area election rules (questions to be put to voters)

        9. 31.Rule 31 of principal area election rules (voting procedure)

        10. 32.Rule 32 of principal area election rules (votes marked by presiding officer)

        11. 33.Rule 33 of principal area election rules (voting by blind persons)

        12. 34.Rule 34 of principal area election rules (tendered ballot papers)

        13. 35.Rule 36 of principal area election rules (adjournment of poll in case of riot)

        14. 36.Rule 37 of principal area election rules (procedure on close of poll)

        15. 37.Rules 38 of principal area election rules (attendance at counting of votes)

        16. 38.Rule 39 of principal area election rules (the count)

        17. 39.Rule 46 of principal area election rules (delivery of documents)

        18. 40.Rule 49 of principal area election rules (countermand or abandonment of poll on death of candidate)

        19. 41.Appendix of forms to principal area election rules (declaration of identity)

        20. 42.Appendix of forms to principal area election rules (directions for the guidance of the voters in voting)

        21. 43.Appendix of forms to principal area election rules (declaration to be made by the companion of a blind voter)

      4. PART IV 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 14(1) OR (2)

        1. 44.Modifications to community election rules: general provision

        2. 45.Rule 1 of community election rules (timetable)

        3. 46.Rule 14 of community election rules (the ballot papers)

        4. 47.Rule 18 of community election rules (notice of poll)

        5. 48.Rule 22 of community election rules (issue of official poll cards)

        6. 49.Rule 23 of community election rules (equipment of polling stations)

        7. 50.Rule 24 of community election rules (appointment of polling and counting agents)

        8. 51.Rule 29 of community election rules (questions to be put to voters)

        9. 52.Rule 31 of community election rules (voting procedure)

        10. 53.Rule 32 of community election rules (votes marked by presiding officer)

        11. 54.Rule 33 of community election rules (voting by blind persons)

        12. 55.Rule 34 of community election rules (tendered ballot papers)

        13. 56.Rule 36 of community election rules (adjournment of poll in case of riot)

        14. 57.Rule 37 of community election rules (procedure on close of poll)

        15. 58.Rule 38 of community election rules (attendance at counting of votes)

        16. 59.Rule 39 of community election rules (the count)

        17. 60.Rule 46 of community election rules (delivery of documents)

        18. 61.Rule 49 of community election rules (countermand or abandonment of poll on death of candidate)

        19. 62.Appendix of forms to community election rules (declaration of identity)

        20. 63.Appendix of forms to community election rules (directions for the guidance of the voters in voting)

        21. 64.Appendix of forms to community election rules (declaration to be made by the companion of a blind voter)

    5. SCHEDULE 5

      CONDUCT OF ASSEMBLY ELECTIONS AND RETURN OF ASSEMBLY MEMBERS

      1. PART I provisions as to time

        1. 1.Timetable

        2. 2.Computation of time

      2. PART II STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

        1. notice of election

          1. 3.Notice of election: constituency election and regional election

        2. Nomination

          1. 4.Nomination of candidates at a constituency election

          2. 5.Nomination paper: name of registered political party

          3. 6.Nomination of individual candidates at a regional election

          4. 7.Nomination of party list candidates at a regional election

          5. 8.Party nomination paper: name of registered political party

          6. 9.Consent to nomination

          7. 10.Deposit

          8. 11.Place for delivery of nomination papers

          9. 12.Right to attend nomination

          10. 13.Decisions as to validity of individual nomination papers

          11. 14.Decisions as to validity of party nomination papers and as to the validity of nominations included on a party list

          12. 15.Withdrawal of candidates

          13. 16.Constituency election: publication of statement of persons nominated

          14. 17.Regional election: publication of statement of persons nominated and registered political parties which have submitted a party list

          15. 18.Disqualification by Representation of the People Act 1981

          16. 19.Adjournment of nomination proceedings in the case of riot

          17. 20.Method of election at a constituency election

          18. 21.Method of election at a regional election

      3. PART III CONTESTED ELECTIONS

        1. General Provisions

          1. 22.Poll to be taken by ballot

          2. 23.The ballot paper at a constituency election

          3. 24.The ballot paper at a regional election

          4. 25.Colour of ballot papers at an ordinary election

          5. 26.The official mark

          6. 27.Prohibition of disclosure of vote

          7. 28.Use of schools and public rooms

        2. action to be taken before the poll

          1. 29.Notice of poll

          2. 30.Postal ballot papers

          3. 31.Provision of polling stations

          4. 32.Appointment of presiding officers and clerks

          5. 33.Issue of official poll cards

          6. 34.Equipment of polling stations

          7. 35.Appointment of polling and counting agents

          8. 36.Notification of requirement of secrecy

      4. the poll

        1. 37.Admission to polling station

        2. 38.Keeping of order in the polling station

        3. 39.Sealing of ballot boxes

        4. 40.Questions to be put to voters

        5. 41.Challenge of voter

        6. 42.Voting procedure

        7. 43.Votes marked by presiding officer

        8. 44.Voting by blind persons

        9. 45.Tendered ballot papers

        10. 46.Spoilt ballot papers

        11. 47.Adjournment of poll in case of riot

        12. 48.Procedure on close of poll

      5. counting of votes

        1. 49.Time of, and attendance at, counting of votes

        2. 50.The count

        3. 51.Re-count at a constituency election

        4. 52.Re-count of electoral region votes in an Assembly constituency

        5. 53.Rejected ballot papers

        6. 54.Decisions on ballot papers

        7. 55.Equality of votes at a constituency election

        8. 56.Regional election: conveying results of count etc. to regional returning officer

      6. PART IV final proceedings in contested and uncontested elections

        1. 57.Declaration of result at a constituency election

        2. 58.Ascertainment of results at a contested regional election

        3. 59.Declaration of results at a regional election

        4. 60.Return or forfeiture of deposit

      7. PART V disposal of documents

        1. 61.Sealing up of ballot papers

        2. 62.Delivery of documents to the Assembly

        3. 63.Order for production of documents

        4. 64.Retention and public inspection of documents

      8. PART VI death of candidate

        1. 65.Countermand or abandonment of poll etc. on death of candidate

      9. PART VII miscellaneous

        1. 66.Vacancies: Assembly constituency seats

        2. 67.Vacancies: return of electoral region members

        3. 68.Return of Assembly members and record of returns etc.

        4. 69.Registered political parties

        5. 70.Party’s registered nominating officer: discharge of functions

      10. APPENDIX OF FORMS

        1. Form of individual nomination paper: constituency election

        2. Form of certificate referred to in paragraph 5(1)

        3. Form of individual nomination paper: regional election

        4. Form of party nomination paper: regional election

        5. Form of certificate referred to in paragraph 8(1)

        6. Form of ballot paper: constituency election

        7. Directions as to printing the ballot paper: constituency election

        8. Form of ballot paper: regional election

        9. Directions as to printing the ballot paper: regional election

        10. Form of elector’s pollcard referred to in paragraph 33(4)

        11. Form of elector’s pollcard referred to in paragraph 33(5)

        12. Form of proxy’s pollcard referred to in paragraph 33(6)

        13. Form of proxy’s pollcard referred to in paragraph 33(7)

        14. Form of directions for the guidance of voters in voting referred to in paragraph 34(5)

        15. Form of directions for the guidance of voters in voting referred to in paragraph 34(6) and (7)

        16. Form of declaration to be made by the companion of a blind voter

        17. Form of certificate referred to in paragraph 57(4)(a)

        18. Form of certificate referred to in paragraph 59(4)(a)

        19. Form of certificate referred to in paragraph 67(10)(a)

        20. Form of certificate referred to in paragraph 67(11)(b)

    6. SCHEDULE 6

      RETURNS AND DECLARATIONS AS TO ELECTION EXPENSES

      1. Form of return referred to in article 42(4)

      2. Form of declaration referred to in article 42(4)

      3. Form of return referred to in article 45(2)

      4. Form of declaration referred to in article 45(2)

      5. Form of return referred to in article 54(1)

      6. Form of return referred to in article 55(1)

      7. Form of declarations referred to in article 56(1), (2) and (5)

      8. Form of declaration referred to in article 57(1)

      9. Form of declarations referred to in article 57(2)

    7. SCHEDULE 7

      USE FOR ASSEMBLY ELECTION MEETINGS OF ROOMS IN SCHOOL PREMISES AND OF MEETING ROOMS

      1. 1.Use of rooms in school premises

      2. 2.Lists of rooms in school premises

      3. 3.Lists of meeting rooms

      4. 4.Lists to be kept by registration officer etc.

      5. 5.Inspection etc. of lists

    8. SCHEDULE 8

      MODIFICATION OF ELECTION PETITION RULES 1960

      1. 1.Assembly election petition: modification of the Election Petition Rules 1960

      2. 2.Rule 2(2) of the 1960 Rules (definitions)

      3. 3.Rule 2(3) of the 1960 Rules (prescribed officer)

      4. 4.Rule 4(1) of the 1960 Rules (form of petition)

      5. 5.Rule 9(3) of the 1960 Rules (display etc. of notice of time and place of trial)

      6. 6.Rule 10(1) of the 1960 Rules (identifying votes at issue)

      7. 7.References to “election” in the 1960 Rules

      8. 8.Form of election petition in the 1960 Rules

  9. Explanatory Note

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