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The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

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15.—(1) Any entry in the register, if it gives a date as that on which the person named will attain voting age, is for any purpose of this Order relating to that person as an elector conclusive that until the date given in the entry that person is not of voting age nor entitled to be treated as an elector for the purposes of the referendum unless the day fixed for the poll is that or a later date.

(2) A person registered in the register or entered in the list of proxies is not to be excluded from voting in the referendum on any ground set out in sub-paragraph (3), but this does not affect the person’s liability to any penalty for voting.

(3) The grounds referred to in sub-paragraph (2) are—

(a)that the person is not of voting age,

(b)that the person is not or, on the specified date or (in the case of a proxy) the date of the proxy’s appointment, was not—

(i)a qualifying Commonwealth citizen;

(ii)a citizen of the Republic of Ireland;

(iii)a relevant citizen of the Union, or

(c)that the person is or, on the specified date or (in the case of a proxy) the date of the proxy’s appointment, was otherwise subject to any other legal incapacity to vote in the referendum.

(4) In sub-paragraph (3), the “specified date” means—

(a)in relation to a person registered in the register as published in accordance with section 13(1) of the 1983 Act(1), the 15th October immediately preceding the date of publication of the register;

(b)in relation to any other person registered in the register, the relevant date for the purposes of section 4 of the 1983 Act(2).

(5) Sub-paragraph (1) applies to an entry in the record of anonymous entries as it applies to an entry in the register.

(1)

Section 13 (together with sections 13A and 13B)) was substituted for previous section 13 of the Representation of the People Act 1983 by the Representation of the People Act 2000, Schedule 1 paragraph 6.There have been amendments to this substituted section 13 which are not relevant to this Order.

(2)

Section 4 of the Representation of the People Act 1983 was substituted by section 1(2) of the Representation of the People Act 2000 and has been amended by the Electoral Administration Act 2006, Schedule 1 paragraph 3.

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