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2003 No. 284

CONSTITUTIONAL LAW

DEVOLUTION, WALES

REPRESENTATION OF THE PEOPLE

The National Assembly for Wales (Representation of the People) Order 2003

  Made 28th February 2003 
  Coming into force in accordance with article 1


ARRANGEMENT OF ARTICLES


PART I

GENERAL
1. Citation, commencement and revocation.
2. Interpretation.

PART II

ASSEMBLY FRANCHISE AND ITS EXERCISE
3. Voting at Assembly elections.
4. Registers of electors etc.
5. Registration appeals.
6. Polling districts and places at Assembly elections.
7. Manner of voting at Assembly elections.
8. Absent vote at Assembly elections for a particular or an indefinite period.
9. Absent vote at a particular Assembly election.
10. Absent voters list at Assembly elections.
11. Proxies at Assembly elections.
12. Voting as proxy at Assembly elections.
13. Offences.
14. Absent voting at Assembly elections: miscellaneous.
15. Combination of polls at Assembly and local government elections.
16. Conduct of Assembly elections etc.
17. Returning officers.
18. Officers of councils to be placed at disposal of returning officers.
19. Returning officers: discharge of functions.
20. Returning officers: general.
21. Payments by and to returning officer.
22. Taxation of returning officer's account.
23. Loan of equipment for Assembly elections.
24. Effect of registers.
25. Effect of misdescription.
26. Discharge of registration duties.
27. Payment of expenses of registration.
28. Personation.
29. Other voting offences.
30. Breach of official duty.
31. Tampering with nomination papers, ballot papers etc.
32. False statements in nomination papers etc.
33. Requirement of secrecy.
34. Prohibition on publication of exit polls.

PART III

THE ELECTION CAMPAIGN
35. Appointment of election agent.
36. Nomination of sub-agent.
37. Office of election agent and sub-agent.
38. Effect of default in election agent's appointment.
39. Control of donations to constituency and individual candidates.
40. Expenses of constituency candidate.
41. Constituency and individual candidates: payment of expenses by or through election agent.
42. Expenses which may be paid otherwise than by election agent.
43. Expenses incurred otherwise than for election purposes.
44. Constituency and individual candidates: prohibition of expenses not authorised by election agent etc.
45. Constituency and individual candidates: limitation of election expenses.
46. Power to vary provisions concerning election expenses.
47. Time for sending in and paying claims.
48. Disputed claims.
49. Election agent's claim.
50. Constituency and individual candidates: return as to election expenses.
51. Constituency and individual candidates: declarations as to election expenses.
52. Party list candidates: declarations as to election expenses.
53. Circumstances in which no return or declaration is required.
54. Penalty for failure as respects return of declarations.
55. Penalty for sitting or voting where no return and declarations are delivered etc.
56. Authorised excuses for failures as to return and declarations.
57. Court's power to require information from election agent or sub-agent.
58. Duty of appropriate returning officer to forward returns and declarations to Electoral Commission.
59. Publication of time and place of inspection of returns and declarations.
60. Constituency and individual candidates: inspection of returns and declarations.
61. Meaning of "election expenses".
62. Incurring of election expenses for purposes of article 61.
63. Property, goods, services etc provided free of charge or at a discount.
64. Right to send election address post free.
65. Broadcasting from outside the United Kingdom.
66. Broadcasting of local items during election period.
67 Imitation poll cards.
68. Schools and rooms for Assembly election meetings.
69. Disturbances at Assembly election meetings.
70. Officials not to act for candidates.
71. Illegal canvassing by police officers.
72. False statements as to candidates.
73. Corrupt withdrawal from candidature.
74. Payments for exhibition of election notices.
75. Printer's name and address on election publications.
76. Prohibition of paid canvassers.
77. Providing money for illegal purposes.
78. Bribery.
79. Treating.
80. Undue influence.
81. Rights of creditors.
82. Savings as to Assembly elections.
83. Interpretation of Part III
84. Computation of time for purposes of Part III.

PART IV

LEGAL PROCEEDINGS
85. Method of questioning Assembly election.
86. Presentation and service of Assembly election petition.
87. Time for presentation or amendment of Assembly election petition.
88. Constitution of election court and place of trial.
89. Judges' expenses and reception.
90. Attendance of shorthand writer.
91. Security for costs.
92. Petition at issue.
93. List of petitions.
94. Trial of petition.
95. Witnesses.
96. Duty to answer relevant questions.
97. Expenses of witnesses.
98. Conclusion of trial of Assembly election petition.
99. Election court determination in respect of a constituency election etc.
100. Regional election determined to be void by election court.
101. Special case for determination of High Court.
102. Withdrawal of petition.
103. Costs of petition.
104. Neglect or refusal to pay costs.
105. Further provision as to costs.
106. Appeals and jurisdiction.
107. Report as to candidate guilty of corrupt or illegal practices.
108. Candidate reported guilty of corrupt or illegal practice.
109. Persons reported personally guilty of corrupt or illegal practices.
110. Persons reported personally guilty of corrupt or illegal practices at parliamentary elections or local government elections.
111. Persons reported personally guilty of corrupt or illegal practices at European Parliamentary elections.
112. Justice of the peace.
113. Members of legal and certain other professions.
114. Holder of licence or certificate under Licensing Acts.
115. Avoidance of election for general corruption etc.
116. Avoidance of election for employing corrupt agent.
117. Votes to be struck off for corrupt or illegal practices.
118. Application for relief.
119. Prosecutions for corrupt practices.
120. Prosecutions for illegal practices.
121. Conviction of illegal practice on charge of corrupt practice etc.
122. Incapacities on conviction of corrupt or illegal practices.
123. Incapacities on conviction of corrupt or illegal practice at parliamentary or local government elections.
124. Incapacities on conviction of corrupt or illegal practice at European Parliamentary elections.
125. Mitigation and remission etc.
126. Illegal payments etc.
127. Time limit for prosecutions.
128. Prosecution of offences committed outside the United Kingdom.
129. Offences by associations.
130. Evidence by certificate of holding of Assembly elections.
131. Evidence by certificate of electoral registration.
132. Director of Public Prosecutions.
133. Rules of procedure.
134. Costs.
135. Service of notices.
136. Interpretation of Part IV.
137. Computation of time for the purposes of Part IV.

PART V

MISCELLANEOUS AND SUPPLEMENTAL
138. Advertisements.
139. Assembly constituencies not wholly within a county or county borough.
140. Forms: absent voting.
141. Forms: general.
142. Public notices and declarations.
143. Sending of applications and notices.
144. Publication of documents.
145. Interference with notices etc.
146. Premises used for election purposes.

SCHEDULES

  1. Electors lists and registers: miscellaneous and related provision.

  2. Absent voting at Assembly elections.

  3. Issue and receipt of postal ballot papers.

  4. Combination of polls.

  5. Conduct of Assembly elections and return of Assembly members.

  6. Control of donations to candidates.

  7. Returns and declarations as to election expenses.

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

  9. Modification of Election Petition Rules 1960.[a]

The Secretary of State for Wales, in exercise of the powers conferred upon him by section 11 of the Government of Wales Act 1998[
1] and after consulting the Electoral Commission [2], hereby makes the following Order, a draft of which has been laid before, and approved by, a resolution of each House of Parliament  - 



PART I

GENERAL

Citation, commencement and revocation
     1.  - (1) This Order may be cited as the National Assembly for Wales (Representation of the People) Order 2003 and shall come into force on the day after the day on which it is made.

    (2) This Order revokes the National Assembly for Wales (Representation of the People) Order 1999[
3] and the National Assembly for Wales (Representation of the People) (Amendment) Order 2002 [4].

Interpretation
     2.  - (1) In this Order, except where the context requires otherwise - 

    (2) References in this Order to the giving of two votes at an ordinary election refer to the giving of a constituency and an electoral region vote.

    (3) For the purposes of this Order a person shall be deemed not to have attained a given age until commencement of the relevant anniversary of the day of his birth.



PART II

ASSEMBLY FRANCHISE AND ITS EXERCISE

Voting at Assembly elections
     3.  - (1) A constituency vote shall be given in an Assembly constituency.

    (2) Although given in relation to an Assembly electoral region, in accordance with section 4(1) and (3) of the 1998 Act, an electoral region vote shall also be given in an Assembly constituency.

Registers of electors etc
    
4.  - (1) An alteration in a register of electors under section 13A or 56 of the 1983 Act (alteration of registers and registration appeals) shall not have effect for the purposes of an Assembly election if it was made after the last day for the delivery of nomination papers set out in the Table in paragraph 1(1) of Schedule 5.

    (2) Schedule 1 (which makes provision in connection with electors lists and registers) has effect.

Registration appeals
    
5.  - (1) Subject to giving notice of the appeal in accordance with paragraph 8(1) of Schedule 2, an appeal lies to the county court from any decision under this Order of the registration officer disallowing a person's application to vote - 

in any case where the application is not made for a particular Assembly election only.

    (2) No appeal lies from the decision of the Court of Appeal on appeal from a decision of the county court under this article.

    (3) An appeal to the county court or Court of Appeal by virtue of this article or section 56 of the 1983 Act which is pending when notice of an Assembly election is given shall not prejudice the operation as respects the Assembly election of the decision appealed against, and anything done in pursuance of the decision shall be as good as if no such appeal had been brought and shall not be affected by the decision of the appeal.

    (4) Notice shall be sent to the registration officer in the manner provided by rules of court of the decision of the county court or of the Court of Appeal on any appeal by virtue of this article, and the registration officer shall make such alterations in the - 

as may be required to give effect to the decision.

    (5) Where, as a result of the decision on an appeal under this article or section 56 of the 1983 Act, an alteration in the register is made on or before the last day for the delivery of nomination papers at an Assembly election set out in the Table in paragraph 1(1) of Schedule 5, paragraph (3) shall not apply to that appeal as respects that Assembly election.

    (6) The registration officer shall on an appeal brought under this article be deemed to be a party to the proceedings, and the registration expenses payable to a registration officer shall include any expenses properly incurred by him by virtue of this paragraph.

    (7) Order 45, rule 2 of the County Court Rules 1981[
14] (appeal from decision of registration officer) shall have effect in relation to appeals under this article subject to the following modifications - 

shall be construed as including a reference to paragraph 8 of Schedule 2.

Polling districts and places at Assembly elections
     6.  - (1) For the purpose of Assembly elections every Assembly constituency shall be divided into polling districts and subject to the provisions of this article there shall be a polling place for each polling district.

    (2) Subject to paragraph (3), the polling districts and polling places to have effect at Assembly elections under this article shall be the districts and places as have effect at parliamentary elections.

    (3) Where special circumstances make it desirable, the council of a county or county borough may determine that other polling districts or polling places shall have effect in its area at an Assembly election.

    (4) Any determination under paragraph (3) shall be taken in accordance with the rules set out in section 18(2) of the 1983 Act.

    (5) An election shall not be questioned by reason of - 

Manner of voting at Assembly elections
    
7.  - (1) This article applies to determine the manner of voting of a person entitled to vote as an elector at an Assembly election.

    (2) He may vote in person at the polling station allotted to him under this Order, unless he is entitled as an elector to an absent vote at the Assembly election.

    (3) He may vote by post if he is entitled as an elector to vote by post at the Assembly election.

    (4) If he is entitled to vote by proxy at the Assembly election, he may so vote unless, before a ballot paper has been issued for him to vote by proxy, he applies at the polling station allotted to him under this Order for a ballot paper for the purposes of voting in person, in which case he may vote in person there.

    (5) If he is not entitled as an elector to an absent vote at the Assembly election but cannot reasonably be expected to go in person to the polling station allotted to him under this Order by reason of the particular circumstances of his employment - 

on the date of the poll for a purpose connected with the election (subject to paragraph (6)), he may vote in person at any polling station in the Assembly constituency - 

    (6) But if a person is employed at an ordinary election for a purpose connected with only one of two elections at which he is entitled to give a vote, he shall be treated for the purposes of paragraph (5) as employed for a purpose connected with both elections: provided that, if a person is so treated, in exercising the right conferred by paragraph (5) those votes shall be given at the same polling station.

    (7) Nothing in the preceding provisions of this article applies to - 

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).

    (8) For the purposes of the provisions of this Order, a person entitled to vote as an elector at an Assembly election is entitled as an elector to vote by post or entitled to vote by proxy at the election if he is shown in the absent voters list for the election as so entitled; and references in those provisions to entitlement as an elector to an absent vote at an Assembly election are references to entitlement as an elector to vote by post or entitlement to vote by proxy at the election.

Absent vote at Assembly elections for a particular or an indefinite period
    
8.  - (1) Where a person applies to the registration officer to vote by post, or to vote by proxy, at Assembly elections (whether for an indefinite period or for a particular period specified in his application), the registration officer shall grant the application (subject to paragraph (5)) if - 

    (2) For the purposes of this article, a person is eligible to vote by proxy at Assembly elections  - 

    (3) The registration officer shall keep a record of those whose applications under this article have been granted showing whether their applications were to vote by post or proxy for an indefinite or a particular period (specifying that period).

    (4) The record kept under paragraph (3) shall also show - 

    (5) The registration officer shall remove a person from the record kept under paragraph (3) - 

    (6) A person shown in the record kept under paragraph (3) as voting by post may subsequently alter his choice by applying to the registration officer to vote by proxy instead (whether for an indefinite period or for a particular period specified in his application); and if the registration officer would be required to grant that application if it were an application to vote by proxy under paragraph (1), the registration officer shall amend the record accordingly.

    (7) A person shown in the record kept under paragraph (3) 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.

    (8) A person applying to vote by post must provide an address in the United Kingdom as the address to which his ballot paper or, where he is entitled to give two votes at an ordinary election, ballot papers shall be sent.

Absent vote at a particular Assembly election
    
9.  - (1) Where a person applies to the registration officer to vote by post, or to vote by proxy, at a particular Assembly election, the registration officer shall grant the application (subject to paragraph (4)) if - 

    (2) Paragraph (1) above does not apply to a person who is included in the record kept under article 8 but such a person may, in respect of a particular Assembly election, apply to the registration officer - 

if he is shown in the record so kept as voting by post at Assembly elections.

    (3) The registration officer shall grant an application under paragraph (2) if - 

    (4) A person applying to vote by post must provide an address in the United Kingdom as the address to which his ballot paper or, where he is entitled to give two votes at an ordinary election, ballot papers shall be sent.

    (5) For the purposes of this article, articles 11 and 12 and Schedule 2, "particular election" shall, where a person (whether as elector or as proxy) is entitled to give two votes at an ordinary election, refer to both elections at which he is entitled to so vote; and references to an absent vote at a particular Assembly election shall be construed accordingly.

Absent voters list at Assembly elections
    
10.  - (1) Subject to paragraph (2), the registration officer shall, in respect of each Assembly election, keep a special list ("the absent voters list") consisting of - 

    (2) Where electors are entitled to give two votes at an ordinary election in an Assembly constituency, only one absent voters list shall be kept under paragraph (1) and that list shall have effect in relation to both elections.

Proxies at Assembly elections
    
11.  - (1) Subject to the provisions of this article, any person is capable of being appointed proxy to vote for another (in this article and article 12 referred to as "the elector") at any Assembly election and may vote in pursuance of the appointment.

    (2) The elector cannot have more than one person at a time appointed as proxy to vote for him at an Assembly election (whether in the same Assembly constituency or elsewhere).

    (3) A person is not capable of being appointed to vote, or voting, as proxy at an Assembly election - 

    (4) A person is not capable of voting as proxy at an Assembly election unless on the date of the poll he has attained the age of eighteen.

    (5) A person is not entitled to vote as proxy - 

on behalf of more than two persons of whom he is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.

    (6) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at Assembly elections (whether for an indefinite period or for a particular period specified in his application), the registration officer shall make the appointment if the application meets the requirements set out in Schedule 2 and he is satisfied that the elector is or will be - 

and that the proxy is capable of being and willing to be appointed to vote as proxy at such elections.

    (7) Where the elector applies to the registration officer for the appointment of a proxy to vote for him at a particular Assembly election, the registration officer shall make the appointment if the application meets the requirements set out in Schedule 2 and he is satisfied that the elector is or will be - 

    (8) The appointment of a proxy under this article is to be made by means of a proxy paper issued by the registration officer.

    (9) The appointment may be cancelled by the elector by giving notice to the registration officer and shall also cease to be in force on the issue of a proxy paper appointing a different person to vote for him at an Assembly election or Assembly elections (whether in the same Assembly constituency or elsewhere), and where the appointment was for a particular period, the appointment shall cease to be in force once that period expires.

    (10) Subject to paragraph (9), the appointment shall remain in force - 

Voting as proxy at Assembly elections
    
12.  - (1) A person entitled to vote as proxy at an Assembly election may do so in person at the polling station allotted to the elector under this Order unless he is entitled to vote by post as proxy for the elector at the election, in which case he may vote by post.

    (2) Where a person is entitled to vote by post as proxy for the elector at any Assembly election, the elector may not apply for a ballot paper for the purpose of voting in person at the election.

    (3) For the purposes of this Order, a person entitled to vote as proxy for another at an Assembly election is entitled so to vote by post if he is included in the list kept under paragraph (8) in respect of the election.

    (4) Where a person applies to the registration officer to vote by post - 

the registration officer shall (subject to paragraph (10)) grant the application if the conditions set out in paragraph (5) are satisfied.

    (5) Those conditions are - 

    (6) The registration officer shall keep a record of those whose applications under paragraph (4)(a) have been granted showing - 

    (7) Where, in the case of a particular election, a person included in the record kept under paragraph (6) applies to the registration officer for his ballot paper or, where he is entitled to give two votes in the case of an ordinary election, ballot papers to be sent to a different address in the United Kingdom, the registration officer shall grant the application if it meets the requirements set out in Schedule 2.

    (8) Subject to the proviso to this paragraph, the registration officer shall, in respect of each Assembly election, keep a special list of - 

Provided that where electors are entitled to give two votes at an ordinary election in an Assembly constituency, only one list shall be kept under this paragraph and that list shall have effect in relation to both elections.

    (9) The registration officer shall remove a person from the record kept under paragraph (6) - 

    (10) A person applying to vote by post as proxy must provide an address in the United Kingdom as the address to which his ballot paper or, where he is entitled to give two votes at an ordinary election, ballot papers shall be sent.

Offences
    
13. A person who  - 

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Absent voting at Assembly elections: miscellaneous
    
14.  - (1) For the purposes of section 59 of the 1983 Act (supplemental provisions as to members of forces and service voters) - 

    (2) Schedule 2 (which makes provision in connection with absent voting at Assembly elections) has effect.

    (3) Schedule 3 (which makes provision in connection with the issue and receipt of postal ballot papers) has effect.

Combination of polls at Assembly and local government elections
    
15.  - (1) Where the polls at an ordinary Assembly election and an ordinary local government election are to be taken on the same date, they shall be taken together.

    (2) Where the polls at an Assembly election and local government election for related areas are to be taken on the same date but are not required by paragraph (1) to be taken together, they may nevertheless be so taken if the returning officer for each election thinks fit.

    (3) For the purposes of paragraph (2), two areas are related if one is coterminous with or situated wholly or partly within the other.

    (4) Where the polls at an ordinary Assembly election and an ordinary local government election are combined under paragraph (1) the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned among the elections in such proportions as the Assembly may by order specify; and an order under this paragraph may specify different proportions in relation to different functions.

    (5) Where the polls at an Assembly election and another election are combined under paragraph (2) the cost of taking the combined polls (excluding any cost solely attributable to one election) and any cost attributable to their combination shall be apportioned equally among the elections.

    (6) The power to make orders under paragraph (4) shall be exercised by statutory instrument.

    (7) Schedule 4 (which makes provision in connection with the combination of polls at Assembly and local government elections) has effect but, where the poll at an Assembly election is combined with a mayoral election, only Parts I and II of Schedule 4 shall apply.

Conduct of Assembly elections etc
    
16.  - (1) The proceedings at Assembly elections and return of Assembly members shall be conducted in accordance with Schedule 5.

    (2) In addition to the functions otherwise conferred or imposed on a constituency or regional returning officer at an Assembly election it is the general duty of such an officer to do all such acts as may be necessary for effectively conducting the election in the manner provided by Schedule 5.

    (3) No Assembly election shall be declared invalid by reason of any act or omission by such a returning officer or any other person in breach of his official duty in connection with the election or otherwise of Schedule 5 if it appears to the election court having cognizance of the question that - 

Returning officers
    
17.  - (1) For the purpose of Assembly elections there shall be - 

such persons shall hold office in accordance with paragraphs (2) and (3).

    (2) A constituency returning officer shall be a person - 

    (3) A regional returning officer shall be a person - 

    (4) A designation made under this article shall be in writing.

Officers of councils to be placed at disposal of returning officers
     18.  - (1) The council of each county or county borough shall place the services of its officers at the disposal of any constituency returning officer for an Assembly constituency wholly or partly situated in its area.

    (2) The services placed at the disposal of a constituency returning officer under paragraph (1) may relate to the exercise of that officer's functions in connection with a constituency election, a regional election or to both such elections.

    (3) The council of each county or county borough shall also place the services of its officers at the disposal of any regional returning officer for an Assembly electoral region partly situated in its area.

Returning officers: discharge of functions
    
19.  - (1) A constituency or a regional returning officer at an Assembly election may, in writing, appoint one or more persons to discharge all or any of his functions.

    (2) Paragraph (1) applies to a constituency returning officer at a constituency or a regional election.

    (3) In relation to an ordinary election and to a regional election other than at an ordinary election, it shall be the duty of each regional returning officer and each constituency returning officer for an Assembly constituency in the Assembly electoral region to co-operate with each other in the discharge of their functions.

    (4) The duty imposed by paragraph (3) applies as between constituency returning officers in an Assembly electoral region as well as between such officers and the regional returning officer for the electoral region.

    (5) In this Order, a reference to a constituency returning officer in relation to the discharge of functions at a regional election is a reference to the discharge of such functions in relation to the Assembly constituency for which he is the returning officer.

Returning officers: general
    
20.  - (1) An Assembly election is not liable to be questioned by reason of a defect in the title, or want of title, of the person presiding at or conducting the election, if that person was then in actual possession of, or acting in, the office giving the right to preside at or conduct the election.

    (2) A person is not subject to any incapacity to vote at an Assembly election by reason of being returning officer at that election.

Payments by and to returning officer
    
21.  - (1) A constituency or a regional returning officer shall be entitled to recover his charges in respect of services properly rendered, or expenses properly incurred, for, or in connection with, an Assembly election if - 

and in the case of a constituency returning officer, this paragraph applies to services rendered or expenses incurred for, or in connection with, a constituency or a regional election.

    (2) In any order made under paragraph (1) the Assembly may specify a maximum recoverable amount for services or expenses of any specified description and, subject to paragraph (3), the returning officer may not recover more than that amount in respect of any such services or expenses.

    (3) The Assembly may, in a particular case, authorise the payment of more than the specified amount for any specified services or expenses if satisfied - 

    (4) Any order under paragraph (1) which specifies the maximum amount for services or expenses of a particular description may - 

    (5) Any order under paragraph (1) may make different provision for constituency elections (on the one hand) and regional elections (on the other).

    (6) The power to make orders under paragraph (1) shall be exercised by statutory instrument.

    (7) The Assembly shall pay the amount of any charges recoverable in accordance with this article on an account being submitted to it but the Assembly may if it thinks fit, before payment, apply for the account to be taxed under the provisions of article 22.

    (8) Where the superannuation contributions required to be paid by a local authority in respect of any person are increased by any fee paid under this article as part of a returning officer's charges at an Assembly election; then on an account being submitted to the Assembly, a sum equal to the increase shall be paid by the Assembly to the authority.

    (9) On a returning officer's request for an advance on account of his charges, the Assembly may, on such terms as it thinks fit, make such an advance.

    (10) The Assembly by regulations may make provision as to the time when and the manner and form in which accounts are to be rendered to the Assembly for the purpose of the payment of a returning officer's charges; and such regulations may make different provision for constituency elections (on the one hand) and regional elections (on the other).

Taxation of returning officer's account
    
22.  - (1) An application for a returning officer's account to be taxed shall be made to the county court and in this article the expression "the court" means the county court.

    (2) On any such application the court has jurisdiction to tax the account in such manner and at such time and place as the court thinks fit, and finally to determine the amount payable to the returning officer.

    (3) On any such application the returning officer may apply to the court to examine any claim made by any person against him in respect of matters charged in the account; and the court, after notice given to the claimant and after giving him an opportunity to be heard and to tender any evidence, may allow or disallow or reduce the claim objected to with or without costs; and the determination of the court shall be final for all purposes and against all persons.

    (4) Order 45, rule 1 of the County Court Rules 1981[
16] (application for taxation of returning officer's account under section 30 of the 1983 Act) shall have effect in relation to applications made under this article and, accordingly, in that rule the references to - 

Loan of equipment for Assembly elections
     23.  - (1) Any ballot boxes, fittings and compartments provided for parliamentary elections out of money provided by Parliament may, on request, be lent to a constituency returning officer at an Assembly election on such terms and conditions as the Secretary of State may determine.

    (2) Any ballot boxes, fittings and compartments provided by or belonging to a local authority within the meaning of the Local Government Act 1972[
17] shall, on request (if not required for immediate use by that authority), be lent to a constituency returning officer at an Assembly election on such terms and conditions as may be agreed.

Effect of registers
     24.  - (1) Any entry in the register of local government electors, if it gives a date as that on which the person named will attain voting age, shall for any purpose of this Part relating to him as elector be conclusive that until the date given in the entry he is not of voting age nor entitled to be treated as an elector except for the purposes of an Assembly election at which the date fixed for the poll is that or a later date.

    (2) A person registered as a local government elector, or entered in the list of proxies, shall not be excluded from voting at an Assembly election on any of the grounds set out in paragraph (3); but this shall not prevent the rejection of the vote on a scrutiny, or affect his liability to any penalty for voting.

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

    (4) In paragraph (3), the "relevant date" means - 

Effect of misdescription
    
25. In relation to an Assembly election no misnomer or inaccurate description of any person or place named - 

shall affect the full operation of the document with respect to that person or place in any case where the description of the person or place is such as to be commonly understood.

Discharge of registration duties
    
26.  - (1) A registration officer shall comply with any general or specific directions which may be given by the Secretary of State, in accordance with and on the recommendation of the Electoral Commission, with respect to the arrangements to be made by the registration officer in carrying out his functions under this Order.

    (2) Any of the duties and powers of a registration officer under this Order may be performed and exercised by any deputy for the time being approved by the county or county borough council which appointed the registration officer; and the provisions of this Order apply to any such deputy so far as respects any duties or powers to be performed or exercised by him as they apply to the registration officer.

    (3) Any acts authorised or required to be done by or with respect to the registration officer under this Order may, in the event of his incapacity to act or of a vacancy, be done by or with respect to the proper officer of the county or county borough council by whom the registration officer was appointed.

    (4) A county or county borough council by whom a registration officer is appointed shall assign such officers to assist him as may be required in carrying out his functions under this Order.

Payment of expenses of registration
    
27.  - (1) Any expenses properly incurred by a registration officer in the performance of his functions under this Order (in this Order referred to as "registration expenses") shall be paid by the county or county borough council by whom the registration officer was appointed.

    (2) Any fees paid to the registration officer under this Order shall be accounted for by him and paid to the county or county borough council by whom he was appointed.

    (3) On the request of a registration officer for an advance on account of registration expenses, the county or county borough council by whom the registration officer was appointed may, if it thinks fit, make such an advance to him of such an amount and subject to such conditions as it may approve.

Personation
    
28.  - (1) In relation to an Assembly election a person shall be guilty of a corrupt practice if he commits, or aids, abets, counsels or procures the commission of, the offence of personation.

    (2) A person shall be deemed to be guilty of personation at an Assembly election if he - 

    (3) For the purposes of this article, a person who has applied for a ballot paper for the purpose of voting in person or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted.

Other voting offences
    
29.  - (1) For the purposes of this article a person who has applied for a ballot paper for the purpose of voting in person, or who has marked, whether validly or not, and returned a ballot paper issued for the purpose of voting by post, shall be deemed to have voted, but for the purpose of determining whether an application for a ballot paper constitutes an offence under paragraph (6), a previous application made in circumstances which entitle the applicant only to mark a tendered ballot paper shall, if he does not exercise that right, be disregarded.

    (2) A person shall be guilty of an offence if - 

    (3) For the purposes of paragraph (2), references to a person being subject to a legal incapacity to vote do not, in relation to things done before polling day at the election or first election at or for which they are done, include his being below voting age if he will be of voting age on that day.

    (4) A person shall be guilty of an offence if - 

    (5) A person shall be guilty of an offence if - 

    (6) A person shall also be guilty of an offence if he votes as proxy - 

for more than two persons of whom he is not the husband, wife, parent, grandparent, brother, sister, child or grandchild.

    (7) A person shall also be guilty of an offence if he knowingly induces or procures some other person to do an act which is, or but for that other person's want of knowledge would be, an offence by that other person under the foregoing paragraphs of this article.

    (8) An offence under this article shall be an illegal practice, but - 

    (9) Where a person is entitled to give two votes at an ordinary election in an Assembly constituency (whether in person as elector or by proxy, or by post as elector or by proxy) he votes once in relation to each Assembly election for which his votes are given.

Breach of official duty
    
30.  - (1) If a person to whom this article applies is, without reasonable cause, guilty of any act or omission in breach of his official duty, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

    (2) No person to whom this article applies shall be liable for breach of his official duty to any penalty at common law and no action for damages shall lie in respect of the breach by such a person of his official duty.

    (3) The persons to whom this article applies are - 

and "official duty" shall for the purpose of this article be construed accordingly, but shall not include duties imposed otherwise than by the law relating to Assembly elections or the registration of local government electors.

Tampering with nomination papers, ballot papers etc
    
31.  - (1) A person shall be guilty of an offence if, at an Assembly election, he - 

    (2) If - 

is guilty of an offence under this article, he shall be liable - 

    (3) If any other person is guilty of an offence under this article he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding six months, or to both.

False statements in nomination papers etc.
    
32. A person shall be guilty of a corrupt practice if, in the case of an Assembly election, he causes or permits to be included in a document delivered or otherwise furnished to a returning officer for use in connection with the election  - 

Requirement of secrecy
    
33.  - (1) The following persons attending at a polling station, namely - 

shall maintain and aid in maintaining the secrecy of voting and shall not, except for some purpose authorised by law, communicate to any person before the poll is closed any information as to - 

    (2) Every person attending at the counting of the votes shall maintain and aid in maintaining the secrecy of voting and shall not - 

    (3) No person shall - 

    (4) Every person attending the proceedings in connection with the issue or the receipt of ballot papers for persons voting by post shall maintain and aid in maintaining the secrecy of the voting and shall not - 

    (5) No person having undertaken to assist a voter with disabilities shall communicate at any time to any person any information as to how that voter intends to vote or has voted, or as to the number on the back of the ballot paper given for the use of that voter.

    (6) If a person acts in contravention of this article he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months.

Prohibition on publication of exit polls
    
34.  - (1) No person shall, in the case of an Assembly election, publish before the poll is closed  - 

    (2) If a person acts in contravention of paragraph (1) above, he shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale or to imprisonment for a term not exceeding six months.

    (3) In this article  - 

and any reference to the result of an election is a reference to the result of the election either as a whole or so far as any particular candidate or candidates at the election is or are concerned.



PART III

THE ELECTION CAMPAIGN

Appointment of election agent
    
35.  - (1) At an Assembly election, not later than the latest time for delivery of notices of withdrawal of candidature, a person shall be named by, or on behalf of - 

as the candidate's election agent, and the name and address of the candidate's election agent shall be declared in writing by the candidate, or some other person on his behalf, to the appropriate returning officer not later than that time.

    (2) A candidate at a constituency election or an individual candidate at a regional election may name himself as election agent.

    (3) At a regional election, not later than the latest time for delivery of notices of withdrawal of candidature, a person shall be named by, or on behalf of, each group of party list candidates as those candidates' election agent, and the name and address of the candidates' election agent shall be declared in writing by the candidate whose name appears first on the list, or some other person on his behalf (including another candidate on the list), to the regional returning officer not later than that time.

    (4) A candidate included on a party list may be named as election agent for the candidates included on the list.

    (5) Where a candidate has been named or has named himself as an election agent, so far as circumstances permit, he shall be subject to the provisions of this Order both as a candidate and as an election agent and, except where the context otherwise requires, any reference in this Order to an election agent shall be construed to refer to the candidate acting in his capacity as election agent.

    (6) One election agent only shall be appointed for - 

but the appointment, whether the election agent appointed be a candidate himself or not, may be revoked.

    (7) If (whether before, during or after the election) the appointment (or deemed appointment) of an election agent is revoked or an election agent dies, another election agent shall be appointed forthwith and his name and address declared in writing to the appropriate returning officer.

    (8) The declaration as an election agent of a person other than - 

shall be of no effect under this article unless it is made and signed by that person or is accompanied by a written declaration of acceptance signed by him.

    (9) Upon the name and address of an election agent being declared to the appropriate returning officer - 

Nomination of sub-agent
    
36.  - (1) At an Assembly election an election agent, subject to the provisions of this article, may appoint to act in any part of - 

one, but not more than one, deputy election agent (in this Order referred to as a sub-agent).

    (2) As regards matters in the part of an Assembly constituency or electoral region for which there is a sub-agent the election agent may act by the sub-agent and - 

    (3) Not later than the second day before the day of the poll the election agent shall declare in writing the name and address of every sub-agent to the appropriate returning officer, and - 

    (4) The appointment of a sub-agent - 

and in the event of the revocation of the appointment or of the death of a sub-agent another sub-agent may be appointed, and his name and address shall be forthwith declared in writing to the appropriate returning officer, who shall forthwith give the like notice required by paragraph (3)(a) and, if applicable, (b).

    (5) The declaration to be made to the appropriate returning officer, and such notice to be given by him, under paragraph (3) or (4) shall specify the part of the Assembly constituency or electoral region within which any sub-agent is appointed to act.

Office of election agent and sub-agent
    
37.  - (1) Every election agent and every sub-agent shall have an office to which all claims, notices, legal processes and other documents may be sent, and the address of the office shall be - 

    (2) The office - 

    (3) Any claim, notice, legal process or other document delivered at the office of the election agent or sub-agent and addressed to him, shall be deemed to have been served on him and every election agent may, in respect of any matter connected with the election in which he is acting, be sued in any court having jurisdiction at the place where his office is situated.

Effect of default in election agent's appointment
    
38.  - (1) If no person's name and address is given as required by article 35 as the election agent of a candidate or a group of party list candidates who remain validly nominated at the latest time for delivery of notices of withdrawal of candidature - 

    (2) This paragraph applies if - 

    (3) Where paragraph (2) applies - 

    (4) If the appointment of an election agent is revoked without a new appointment being made - 

    (5) The deemed appointment of an election agent may be revoked as if it were an actual appointment.

    (6) Where a candidate is by virtue of this article to be treated as an election agent he shall be deemed to have his office at his address as given in the statement of persons nominated.

    (7) The appropriate returning officer on being satisfied that a person is by virtue of this article to be treated as an election agent, shall forthwith proceed to give such like notice as if the name and address of the person and the address of his office had been duly given to him under articles 35 and 37.

Control of donations to constituency and individual candidates
    
39.  - (1) In the case of any constituency or individual candidate at an Assembly election, any money or other property provided (whether as a gift or loan)  - 

must be provided to the candidate or his election agent.

    (2) Paragraph (1) does not apply to any money or other property so provided for the purpose of meeting any such expenses which may be lawfully paid by a person other than the candidate, his election agent or any sub-agent.

    (3) A person who provides any money or other property in contravention of paragraph (1) shall be guilty of an illegal practice.

    (4) Schedule 6 has effect for the purpose of controlling donations to constituency and individual candidates at an Assembly election.

    (5) In this article and that Schedule "property" includes any description of property and references to the provision of property accordingly include the supply of goods.

Expenses of constituency candidate
    
40. 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.

Constituency and individual candidates: payment of expenses by or through election agent
    
41.  - (1) Subject to paragraph (4), no payment (of whatever nature) shall be made by  - 

in respect of election expenses incurred by or on behalf of the candidate unless it is made by or through the candidate's election agent.

    (2) Every payment made by an election agent in respect of any election expenses shall, except where less than £20, be vouched for by a bill stating the particulars or by a receipt.

    (3) The references in paragraphs (1) and (2) to an election agent shall be taken as references to the election agent acting by himself or by a sub-agent

    (4) This article does not apply to  - 

    (5) A person who makes any payment (of whatever nature) in contravention of paragraph (1) shall be guilty of an illegal practice.

Expenses which may be paid otherwise than by election agent
    
42.  - (1) A candidate (including a party list candidate) at an Assembly election may pay any personal expenses incurred by him on account of or in connection with or incidental to the election, but the amount which a candidate may pay (subject to paragraph (2)) shall not exceed  - 

and any further personal expenses incurred by him shall be paid by the election agent.

    (2) Where at an ordinary election a person is a candidate at a constituency election and an individual or a party list candidate at a regional election - 

    (3) A candidate at an Assembly election may also pay any election expenses (other than expenses falling within paragraph (1)) which were incurred by him or on his behalf and in respect of which payment falls to be made before the date on which he appoints (or is deemed to have appointed) an election agent.

    (4) A candidate shall send to the election agent within the time permitted by this Order for sending in claims a written statement of the amount of personal expenses paid as mentioned in paragraph (1) or (3) by the candidate.

    (5) Any person may, if so authorised in writing by an election agent, at an Assembly election pay any necessary expenses of stationery, postage, telephonic communication (or any other similar means of communication) and other petty expenses, to a total amount not exceeding that named in the authority, but any excess above the total amount so named shall be paid by the election agent.

    (6) A statement of the particulars of payments made by any person so authorised shall be sent to the election agent within the time limited by this Order for sending in claims, and shall be vouched for by a bill containing that person's receipt.

    (7) Articles 47 and 48 do not apply to expenses which, in accordance with any provision of this article, are paid otherwise than by the candidate's election agent.

Expenses incurred otherwise than for election purposes
    
43.  - (1) Articles 41, 47 and 48 shall not apply to election expenses  - 

    (2) The candidate's election agent shall make a declaration of the amount (determined in accordance with article 62) of any election expenses falling within paragraph (1).

    (3) In this article "for the purposes of the candidate's election" has the same meaning as in articles 61 to 63.

Constituency and individual candidates: prohibition of expenses not authorised by election agent etc
    
44.  - (1) No expenses shall, with a view to promoting or procuring the election of a constituency or individual candidate at an Assembly election, be incurred at such an election by any person other than the candidate, his election agent and persons authorised in writing by the election agent on account  - 

but sub-paragraphs (c) and (d) of this paragraph shall not  - 

    (2) For the purpose of paragraph (1) expenses shall be regarded as incurred by a person "as part of a concerted plan of action" if they are incurred by that person in pursuance of any plan or other arrangement whereby that person and one or more other persons are to incur, with a view to promoting or procuring the election of the same candidate, expenses which (disregarding paragraph (1)(ii)) fall within paragraph (1) above.

    (3) Where a person incurs any expense in respect of an individual candidate required by this article to be authorised by the election agent  - 

but this paragraph does not apply to any person engaged or employed for payment or promise of payment by a candidate or his election agent.

    (4) The return and declaration under the foregoing provisions of this article shall be in the forms set out in English and Welsh in Schedule 7, and the authority received from the election agent shall be annexed to and deemed to be part of the return.

    (5) A copy of every return and declaration made under paragraph (3) in relation to an Assembly election shall be sent to the Assembly within 21 days after the day on which the result of the election is declared by the person making the return or declaration and paragraph 64 of Schedule 5 applies to any documents sent to the Assembly under this article.

    (6) If a person - 

he shall be guilty of a corrupt practice; and if a person fails to deliver or send any declaration or return or a copy of it as required by this article he shall be guilty of an illegal practice, but - 

    (7) Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to be a corrupt or illegal practice by this article, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of that offence, unless he proves - 

Constituency and individual candidates: limitation of election expenses
     45.  - (1) The election expenses incurred by or on behalf of a constituency or individual candidate at an Assembly election must not in the aggregate exceed the maximum amount specified in paragraph (3).

    (2) Where any election expenses are incurred in excess of the maximum amount specified in paragraph (3) any candidate or election agent who  - 

shall be guilty of an illegal practice.

    (3) The maximum amount is  - 

    (4) In paragraph (3) "the register of electors" means the register of local government electors for the Assembly constituency or Assembly electoral region in question as it has effect on the last day for publication of notice of the election.

    (5) The maximum amount mentioned for an individual candidate at an Assembly election is not required to cover his personal expenses.

    (6) Where at a constituency election notice of poll is countermanded or the poll is abandoned by reason of a candidate's death, the maximum amount of election expenses shall, for any of the other candidates who then remain validly nominated, be twice, or if there has been a previous increase under this paragraph, three times what it would have been but for any increase under this paragraph.

    (7) The maximum amount mentioned for a candidate shall not be affected by the change in the timing of an Assembly election or of any step in the proceedings at an Assembly election.

Power to vary provisions concerning election expenses
    
46.  - (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 - 

    (2) This article applies to any of the sums for the time being specified in articles 41(2), 42(1) or (2), or 44(2).

    (3) An order under paragraph (1) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

Time for sending in and paying claims
    
47.  - (1) Every claim against - 

in respect of election expenses which is not sent in to the election agent not later than 21 days after the day on which the result or results of the election are declared shall be barred and not paid.

    (2) All election expenses shall be paid not later than 28 days after the day set out in paragraph (1).

    (3) Any person who pays a claim in contravention of paragraph (1) or makes a payment in contravention of paragraph (2) shall be guilty of an illegal practice.

    (4) Where the election court reports that it has been proved to the court that any payment so made was by an election agent without the sanction or connivance of a candidate at a constituency election or an individual candidate at a regional election - 

    (5) In respect of a claim, the payment of which is otherwise barred by paragraph (1) - 

may apply to the High Court or to a county court for leave to pay the claim although sent in after the period of 21 days or although sent in to a candidate and not as required to the election agent, and the court on cause shown to their satisfaction may by order grant the leave.

    (6) Any sum specified in the order of leave under paragraph (5) may be paid by a candidate or his election agent, and when paid in pursuance of the leave shall not be deemed to be in contravention of paragraph (2).

    (7) The jurisdiction vested by paragraph (5) in a county court may be exercised otherwise than in open court.

    (8) An appeal lies to the High Court from any order of a county court made by virtue of paragraph (5).

Disputed claims
    
48.  - (1) If an election agent disputes any claim sent in within the period of 21 days mentioned in article 47(1) or refuses or fails to pay the claim within the period of 28 days mentioned in article 47(2) the claim shall be deemed to be a disputed claim.

    (2) The claimant may, if he thinks fit, bring an action for a disputed claim in any competent court and any sum paid by a constituency or an individual candidate in pursuance of the
judgement or order of the court shall not be deemed to be in contravention of article 41(1) or 47(2).

    (3) Article 47(5), (6), (7) and (8) applies in relation to a disputed claim as it applies in relation to a claim for election expenses sent in after the period of 21 days.

Election agent's claim
     49. So far as circumstances admit, this Order applies to an election agent's claim for his remuneration and to its payment in like manner as if he were any other creditor, and if any difference arises about the amount of the claim, the claim shall be a disputed claim within the meaning of this Order and shall be dealt with accordingly.

Constituency or individual candidates: return as to election expenses
    
50.  - (1) Within 35 days after the day on which the result or results of an Assembly election are declared the election agent of every  - 

at the election shall deliver to the appropriate returning officer a true return in the form set out in English and Welsh in Schedule 7, or to the like effect, containing as respects that candidate  - 

    (2) A return under this section must  - 

    (3) The return shall also contain as respects that candidate  - 

    (4) Where after the date at which the return as to election expenses is delivered leave is given by the court under article 47(5) for any claims to be paid, the candidate or his election agent shall, within seven days after its payment, deliver to the appropriate returning officer a return of the sums paid in pursuance of the leave accompanied by a copy of the order of the court giving the leave and in default he shall be deemed to have failed to comply with requirements of this article without such authorised excuse as is mentioned in article 56.

Constituency and individual candidates: declarations as to election expenses
    
51.  - (1) Each return delivered under article 50(1) shall be accompanied by a declaration made by the election agent in the form set out in English and Welsh in Schedule 7.

    (2) At the same time the election agent delivers that return, or within seven days thereafter - 

shall deliver to the appropriate returning officer a declaration made by him in the form set out in English and Welsh in that Schedule.

    (3) Where a candidate is out of the United Kingdom when the return is so delivered - 

but the delay authorised by this provision in making the declaration shall not exonerate the election agent from complying with the provisions of this Order relating to the return and declaration as to election expenses.

    (4) Where a candidate at a constituency election or an individual candidate at a regional election is his own election agent, the declaration by the election agent as to the election expenses need not be made and the declaration by the candidate as to election expenses shall be modified as specified in the form set out in English and Welsh in Schedule 7.

    200(5) If a candidate or election agent knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.

Party list candidates: declarations as to election expenses
    
52.  - (1) At the same time as the treasurer of a registered political party delivers a return under section 80 of the 2000 Political Parties Act, or within 7 days thereafter, each candidate on a regional list submitted by that registered party shall deliver to the Assembly a declaration

made by that candidate in the form set out in English and Welsh in Schedule 7.

    (2) Where any such candidate is out of the United Kingdom when the return is so delivered  - 

but the delay authorised by this article in making the declaration shall not exonerate the treasurer of the registered party from complying with the provisions of the 2000 Political Parties Act relating to the return of party expenditure.

    (3) If a person knowingly makes the declaration required by this article falsely, he shall be guilty of a corrupt practice.

Circumstances in which no return or declaration is required
    
53. Notwithstanding anything in article 50 or 51, no return or declaration as to election expenses shall be required in the case of a person - 

Penalty for failure as respects return of declarations
    
54. Subject to the provisions of article 56, if any candidate or election agent fails to comply with the requirements of article 50 or 51 he shall be guilty of an illegal practice.

Penalty for sitting or voting where no return and declarations are delivered etc
    
55.  - (1) If - 

are not delivered before the expiry of the time limited for the purpose, the candidate shall not, after the expiry of that time, sit or vote in the Assembly as member for the Assembly constituency or electoral region for which the election was held until either - 

    (2) Civil proceedings for a penalty under this article shall be commenced within the period of one year beginning with the day in respect of which the penalty is alleged to have been incurred.

    (3) For the purpose of paragraph (2) - 

Authorised excuses for failures as to return and declarations
    
56.  - (1) A constituency or individual candidate or his election agent may apply for relief under this article to the High Court, an election court or a county court.

    (2) Where an application is made under this article the person or persons making the application shall notify the Director of Public Prosecutions of the application and the Director or his assistant or any barrister, advocate or solicitor duly appointed as the Director's representative may attend the hearing of the application and make representations at the hearing in respect of it.

    (3) Relief under this article may be granted - 

    (4) The application for relief may be made on the ground that the failure, error or false statement arose - 

and not by reason of any want of good faith on the applicant's part.

    (5) The court may - 

make such order for allowing an authorised excuse for the failure, error or false statement as it considers just.

    (6) Where it is proved to the court by a candidate - 

the court shall relieve the candidate from the consequences of the act or omission of his election agent.

    (7) An order under paragraph (5) may make the allowance conditional on the making of the return and declaration in a modified form or within an extended time, and upon the compliance with such other terms as to the court seem best calculated for carrying into effect the objects of this Part.

    (8) An order under paragraph (5) shall relieve the applicant for the order from any liability or consequences under this Order in respect of the matter excused by the order.

    (9) The date of the order, or if conditions and terms are to be complied with, the date at which the applicant fully complies with them, is referred to in this Order as the date of the allowance of the excuse.

Court's power to require information from election agent or sub-agent
    
57.  - (1) Where on an application under article 56 it appears to the court that any person who is or has been an election agent or sub-agent has refused or failed to make such return, or to supply such particulars, as will enable -

to comply with the provisions of this Order as to the return or declarations as to election expenses the court, before making an order under that article, shall order that person to attend before the court.

    (2) The court shall on the attendance of that person, unless he shows cause to the contrary, order him - 

as the court considers just, within such time, to such person and in such manner as it may direct, aor may order him to be examined with respect to the particulars.

    (3) If a person fails to comply with any order of the court under this article, the court may order him to pay a fine not exceeding the amount of the maximum fine to which he would be liable if at the time the order is made he were convicted of a summary offence on conviction of which he was liable to a fine of level 5 on the standard scale.

Duty of appropriate returning officer to forward returns and declarations to Electoral Commission
    
58. Where the appropriate returning officer receives any return or declaration under article 44, 50 or 51 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.

Publication of time and place of inspection of returns and declarations
    
59.  - (1) At an Assembly election the appropriate returning officer, within ten days after the end of the time allowed for delivering to him returns as to election expenses, shall - 

    (2) At an ordinary election or at a regional election other than at an ordinary election, the Assembly, within ten days after the end of the time allowed for delivering to it returns as to election expenses, shall - 

    (3) But if any return or declaration has not been received by the appropriate returning officer or the Assembly before the notice is despatched for publication, the notice shall so state and a like notice about that return and declaration, if afterwards received, shall within ten days after the receipt be published in like manner and sent to such persons to whom the first notice is sent other than an election agent who is in default or an election agent for a candidate who is in default.

Constituency and individual candidates: inspection of returns and declarations
    
60.  - (1) Where the appropriate officer receives any return or declaration under article 44, 50 or 51 he shall  - 

    (2) If any such return contains a statement of donations in accordance with article 50(3)(f) above, the appropriate officer shall secure that the copy of the statement made available for public inspection under sub-paragraph (1)(a) above or (as the case may be) supplied under sub-paragraph (1)(b) above does not include, in the case of any donation by an individual, the donor's address.

    (3) The fee for inspecting a return or declaration (including any accompanying documents) referred to in sub-paragraph (1)(a) shall be £1.50.

    (4) The fee payable for a copy of any such return, declaration or document referred to in sub-paragraph (1)(b) shall be at the rate of 15p for each side of each page.

    (5) After the expiry of those two years the appropriate returning officer  - 

    (6) Any returns or declarations delivered under article 44 shall be returned not to a candidate (if he or his election agent so require) but to the person delivering them if he so requires.

    (7) The Assembly may by order made by statutory instrument vary the amount of any fee payable under paragraph (3) or (4).

Meaning of "election expenses"
    
61.  - (1) In this Part "election expenses", in relation to a candidate at a constituency election or an individual candidate at a regional election, means (subject to paragraphs (2) and (3) and articles 62 and 63) any expenses incurred in respect of  - 

which is or are used for the purposes of the candidate's election after the date when he becomes a candidate at the election.

    (2) Paragraph (1) applies whether the expenses are incurred before or after that date.

    (3) No election expenses shall be regarded as incurred, by virtue of paragraphs (1) or (2) or articles 62 and 63, in respect of  - 

    (4) In this article and in articles 62 and 63 "for the purposes of the candidate's election" means with a view to, or otherwise in connection with, promoting or procuring the candidate's election at the election.

    (5) For the purposes of this Part  - 

    (6) In this Part and in Part IV, any reference (in whatever terms) to promoting or procuring a candidate's election at an election includes doing so by prejudicing the electoral prospects of another candidate at the election.

Incurring of election expenses for purposes of article 61
     62.  - (1) The election expenses which are to be regarded as incurred for the purposes of article 61(1) above shall (subject to paragraph (2) and article 63) be the actual expenses incurred in respect of the acquisition or use of the property, or (as the case may be) the provision of the goods, services or facilities mentioned in article 61(1).

    (2) Where the property, goods, services or facilities mentioned in paragraph (1) above is or are not used exclusively for the purposes of the candidate's election, the election expenses to be regarded as incurred for the purposes of article 61(1) shall be such proportion of the expenses incurred in respect of their acquisition, use or provision (as the case may be) as is reasonably attributable to the use of the property or (as the case may be) the goods, services or facilities for the purposes of the candidate's election.

Property, goods, services etc provided free of charge or at a discount
    
63.  - (1) This article applies where, in the case of a candidate at an Assembly election  - 

    (2) Where this article applies  - 

unless that amount is not more than £50.

    (3) Where paragraph (1)(a)(i) above applies, the appropriate amount is such proportion of either  - 

as is reasonably attributable to the use made of the property or goods as mentioned in paragraph (1)(b).

    (4) Where paragraph (1)(a)(ii) applies, the appropriate amount is such proportion of either  - 

as is reasonably attributable to the use made of the property, goods, services or facilities as mentioned in paragraph (1)(b).

    (5) Where the services of an employee are made available by his employer for the use or benefit of a candidate, then for the purposes of this section the commercial rate for the provision of those services shall be the amount of the remuneration and allowances payable to the employee by his employer in respect of the period for which his services are so made available (but shall not include any amount in respect of any contributions or other payments for which the employer is liable in respect of the employee).

    (6) In this section "market value", in relation to any property or goods, means the price which might reasonably be expected to be paid for the property or goods on a sale in the open market; and paragraph 2(6)(a) of Schedule 6 shall apply with any necessary modifications for the purpose of determining, for the purposes of paragraph (1) above, whether property or goods is or are transferred to a candidate or his election agent.

Right to send election address post free
    
64.  - (1) At an ordinary election or at an Assembly election other than at an ordinary election, each individual candidate or group of party list candidates at such an election (subject to such reasonable terms and conditions as the universal postal service provider concerned may specify) shall be entitled to send free of any charge for postage which would otherwise be made by a universal postal service provider either - 

    (2) He or they shall also, subject as mentioned in paragraph (1), be entitled to send free of any such charge for postage as is mentioned in that paragraph to each person entered in the list of proxies for the election of which he or they are a candidate or candidates one such communication as mentioned in paragraph (1) for each appointment in respect of which that person is so entered.

    (3) In relation to a candidate at a constituency election or to an individual candidate at a regional election, the person shall not be deemed to be a candidate for the purposes of this article unless he is shown as standing nominated in the statement of persons nominated but until publication of that statement any person who declares himself to be a candidate shall be entitled to exercise the right of free postage conferred by this article if he gives such security as may be required by the universal postal service provider concerned for the payment of postage should he not be shown as standing nominated as mentioned above.

    (4) In relation to a group of party list candidates at a regional election, those persons shall not be deemed to be candidates for the purposes of this article unless they are all shown as standing nominated in the statement of persons nominated but until publication of that statement persons who declare themselves to be, and comprise all, such candidates shall be entitled to exercise the right of free postage conferred by this article if they give such security as may be required by the universal postal service provider concerned should they not all be shown as standing nominated as mentioned above.

    (5) For the purposes of this article "elector" - 

    (6) The regional returning officer shall be entitled to treat any purported exercise by a group of party list candidates of the right of free postage conferred by this article through their election agent as a valid exercise of that right.

    (7) If at a regional election the area of the returning officer is situated in the area of more than one official designated by a universal postal service provider, the controlling designated official shall be determined by the regional returning officer.

    (8) A universal service provider who provides a postal service free of charge pursuant to this article shall be entitled to be remunerated for that service at the rate determined by or in accordance with a scheme made under section 89 of the Postal Services Act 2000[
22] and the amount of such remuneration shall be paid by the Assembly.

Broadcasting from outside United Kingdom
     65.  - (1) No person shall, with intent to influence persons to give or refrain from giving their votes at an Assembly election, include, or aid, abet, counsel or procure the inclusion of, any matter relating to the election in any programme service (within the meaning of the Broadcasting Act 1990[23]) provided from a place outside the United Kingdom otherwise than in pursuance of arrangements made with - 

for the reception and re-transmission of that matter by that body or the holder of that licence.

    (2) An offence under this article shall be an illegal practice, but the court before whom a person is convicted of an offence under this article may, if they think it just in the special circumstances of the case, mitigate or entirely remit any incapacity imposed by virtue of article 122.

    (3) Where any act or omission of an association or body of persons, corporate or unincorporate, is an illegal practice under this article, any person who at the time of the act or omission was a director, general manager, secretary or other similar officer of the association or body, or was purporting to act in any such capacity, shall be deemed to be guilty of the illegal practice, unless he proves - 

Broadcasting of local items during election period.
     66.  - (1) Each broadcasting authority shall adopt a code of practice with respect to the participation of candidates at an Assembly election in items about the constituency or electoral region in question which are included in relevant services during the election period.

    (2) The code for the time being adopted by a broadcasting authority under this article shall be either  - 

and a broadcasting authority shall from time to time consider whether the code for the time being so adopted by them should be replaced by a further code falling within sub-paragraph (a) or (b).

    (3) Before drawing up a code under this article a broadcasting authority shall have regard to any views expressed by the Electoral Commission and any such code may make different provision for different cases.

    (4) The Independent Television Commission and the Radio Authority shall each do all that they can to secure that the code for the time being adopted by them under this article is observed in the provision of relevant services; and the British Broadcasting Corporation and Sianel Pedwar Cymru shall each observe in the provision of relevant services the code so adopted by them.

    (5) For the purpose of paragraph (1) "the election period", in relation to an Assembly election, means the period beginning with the last date for publication of notice of the election and ending with the close of the poll.

    (6) In this article  - 

Imitation poll cards
     67. No person shall for the purpose of promoting or procuring a particular result at an Assembly election issue any poll card or document so closely resembling an official poll card as to be calculated to deceive, and article 65(2) and (3) shall apply as if an offence under this article were an offence under that article.

Schools and rooms for Assembly election meetings
    
68.  - (1) Subject to the provisions of this article, a candidate at an Assembly election is entitled for the purpose of holding public meetings to promote or procure the giving of votes at that election - 

to the use free of charge at reasonable times between the last day on which notice of the election may be published in accordance with the Table in paragraph 1(1) of Schedule 5 and the day preceding the date of the poll of - 

    (2) This article applies to a community, foundation or voluntary school of which - 

but, in relation to sub-paragraph (a), a candidate is not entitled under this article to the use of a room in school premises outside the Assembly constituency if there is a suitable room in other premises in the constituency which are reasonably accessible from the same parts of the constituency as those outside and are premises of a school to which this article applies.

    (3) This article applies to a meeting room situated - 

the expense of maintaining which is payable wholly or mainly out of public funds or by a body whose expenses are so payable.

    (4) Where a room is used for a meeting in pursuance of the rights conferred by this article, the person by whom or on whose behalf the meeting is convened - 

    (5) A candidate is not entitled to exercise the rights conferred by this article except on reasonable notice; and this article does not authorise any interference with the hours during which a room in school premises is used for education purposes, or any interference with the use of a meeting room either for the purposes of the person maintaining it or under a prior agreement for its letting for any purpose.

    (6) Schedule 8 (which makes provision with respect to the rights conferred by this article and the arrangements to be made for their exercise) has effect.

    (7) For the purposes of this article (except those of paragraph (4)(b)), the premises of a school shall not be taken to include any private dwelling, and in this article - 

    (8) In paragraph (2) the reference to a community, foundation or voluntary school includes a reference to a county or grant-maintained school.

Disturbances at Assembly election meetings
    
69.  - (1) A person who at a lawful public meeting to which this article applies acts, or incites others to act, in a disorderly manner for the purpose of preventing the transaction of the business for which the meeting was called together shall be guilty of an illegal practice.

    (2) This article applies to a political meeting held - 

during the period beginning with the last day on which notice of election may be published in accordance with the Table set out in paragraph 1(1) of Schedule 5 and ending with the day of election.

    (3) If a constable reasonably suspects any person of committing an offence under paragraph (1), he may if requested so to do by the chairman of the meeting require that person to declare to him immediately his name and address and, if that person refuses or fails so to declare his name and address, or gives a false name and address, he shall be liable on summary conviction to a fine not exceeding level 1 on the standard scale.

Officials not to act for candidates
    
70.  - (1) If - 

acts as an agent for an individual candidate or a group of party list candidates in the conduct or management of the election, he shall be guilty of an offence, but nothing in this article prevents an individual candidate from acting as his own election agent or a party list candidate from acting as election agent for the candidates on the list.

    (2) A person guilty of an offence under this article shall be liable on summary conviction to a fine not exceeding level 4 of the standard scale.

Illegal canvassing by police officers
    
71.  - (1) No member of a police force shall by word, message, writing or in any other manner, endeavour to persuade any person to give, or dissuade any person from giving, his vote, whether as an elector or as proxy - 

wholly or partly within the police area.

    (2) A person acting in contravention of paragraph (1) shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale; but nothing in that paragraph shall subject a member of a police force to any penalty for anything done in the discharge of his duty as a member of the force.

False statements as to candidates
    
72.  - (1) A person who, or any director of any body or association corporate which - 

makes or publishes any false statement of fact in relation to - 

    (2) A candidate shall not be liable, nor shall his election be avoided, for any illegal practice under paragraph (1) committed - 

unless - 

    (3) A person making or publishing any false statement of fact as mentioned above may be restrained by interim or perpetual injunction by the High Court or county court from any repetition of that false statement or of a false statement of a similar character in relation to the candidate or candidates and, for the purpose of granting an interim injunction, prima facie proof of the falsity of the statement shall be sufficient.

    (4) Any person who, before or during an Assembly election, knowingly publishes a false statement of the withdrawal - 

at the election for the purpose of promoting or procuring a particular result at the election shall be guilty of an illegal practice.

    (5) A candidate shall not be liable, nor shall his election be avoided, for any illegal practice under paragraph (4) committed - 

    (6) An appeal lies to the High Court from any order of a county court made by virtue of paragraph (3).

Corrupt withdrawal from candidature
    
73. Any person who corruptly induces or procures any other person to withdraw from being a candidate at an Assembly election, in consideration of any payment or promise of payment, and any person withdrawing in pursuance of the inducement or procurement, shall be guilty of an illegal payment.

Payments for exhibition of election notices
    
74.  - (1) No payment or contract for payment for the purpose of promoting or procuring a particular result at an Assembly election shall be made to an elector or his proxy on account of the exhibition of, or the use of any house, land, building or premises for the exhibition of, any address, bill or notice, unless - 

    (2) If any payment or contract for payment is knowingly made in contravention of this article either before, during or after an election - 

shall be guilty of an illegal practice.

Printer's name and address on election publications
    
75.  - (1) A person shall not - 

unless the bill, placard, poster or document bears upon its face the name and address of the printer and publisher.

    (2) For the purposes of this article, any process for multiplying copies of a document, other than copying it by hand, shall be deemed to be printing and the expression "printer" shall be construed accordingly.

    (3) The following persons, namely - 

Prohibition of paid canvassers
    
76. If a person is, either before, during or after an Assembly election, engaged or employed for payment or promise of payment as a canvasser for the purpose of promoting or procuring a particular result at the Assembly election - 

shall be guilty of illegal employment.

Providing money for illegal purposes
    
77. Where a person knowingly provides money - 

except where the payment or the incurring of the expenses may have been previously allowed in pursuance of article 118 to be an exception, that person shall be guilty of an illegal payment.

Bribery
    
78.  - (1) A person shall be guilty of a corrupt practice if he is guilty of bribery.

    (2) A person shall be guilty of bribery if he, directly or indirectly, by himself or by any other person on his behalf - 

or if upon or in consequence of any such gift or procurement as mentioned above he procures or engages, promises or endeavours to procure a particular result at an Assembly election or the vote of any voter.

    (3) For the purposes of paragraph (2) - 

    (4) A person shall be guilty of bribery if he advances or pays or causes to be paid any money to or for the use of any other person with the intent that that money or any part of it shall be expended in bribery at an Assembly election or knowingly pays or causes to be paid any money to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election.

    (5) The foregoing provisions of this article shall not extend or be construed to extend to any money paid or agreed to be paid for or on account of any legal expenses incurred in good faith at or concerning an Assembly election.

    (6) A voter shall be guilty of bribery if before or during an Assembly election he directly or indirectly by himself or by any other person on his behalf receives, agrees, or contracts for any money, gift, loan or valuable consideration, office, place or employment for himself or for any other person for voting or agreeing to vote or for refraining or agreeing to refrain from voting.

    (7) A person shall be guilty of bribery if after an Assembly election he directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.

    (8) In this article the expression "voter" includes any person who has or claims to have a right to vote.

Treating
    
79.  - (1) A person shall be guilty of a corrupt practice if he is guilty of treating.

    (2) A person shall be guilty of treating if he corruptly, by himself or by any other person, either before, during or after an Assembly election, directly or indirectly gives or provides, or pays wholly or in part the expense of giving or providing, any meat, drink, entertainment or provision to or for any person - 

    (3) Every elector or his proxy who corruptly accepts or takes any such meat, drink, entertainment or provision shall also be guilty of treating.

Undue influence
    
80.  - (1) A person shall be guilty of a corrupt practice if he is guilty of undue influence.

    (2) A person shall be guilty of undue influence - 

Rights of creditors
    
81. The provisions of this Part prohibiting - 

do not affect the right of any creditor who, when the contract was made or the expense was incurred, was ignorant of that contract or expense being in contravention of this Order.

Savings as to Assembly elections
    
82.  - (1) Where a person has been declared by others to be a candidate at an Assembly election without his consent, nothing in this Part shall be construed to impose any liability on that person, unless he has afterwards given his assent to the declaration or has been nominated.

    (2) Nothing in this Part makes it illegal for an employer to permit Assembly electors or their proxies to absent themselves from his employment for a reasonable time for the purpose of voting at the poll at an Assembly election without having any deduction from their salaries or wage on account of their absence, if the permission - 

but this paragraph shall not be construed as making illegal any act which would not be illegal apart from this paragraph.

Interpretation of Part III
    
83. In this Part, unless the context otherwise requires  - 

or, in the case of a party list candidate, on the day on which the list is submitted by the party to the regional returning officer.

and expressions referring to money shall be construed accordingly,

Computation of time for purposes of Part III
    
84.  - (1) Where the day or last day on which anything is required or permitted to be done by or in pursuance of this Part is any of the days mentioned in paragraph (2) - 

    (2) The days referred to in paragraph (1) are - 



PART IV

LEGAL PROCEEDINGS

Method of questioning Assembly election
     85.  - (1) No Assembly election and no return to the Assembly shall be questioned except by a petition complaining of an undue election or undue return ("an Assembly election petition") presented in accordance with this Part; and "Assembly election petition" includes a petition complaining of an undue return under section 9 of the 1998 Act.

    (2) A petition complaining of no return shall be deemed to be an Assembly election petition and the High Court - 

    (3) The expression "return" as the context requires refers to a return following an Assembly election or to a return under section 9 of the 1998 Act.

Presentation and service of Assembly election petition
    
86.  - (1) An Assembly election petition may be presented by one or more of the following persons - 

    (2) Any Assembly member whose election or return is complained of is hereinafter referred to as a respondent but if the petition complains of the conduct of a constituency or a regional returning officer, the returning officer shall for the purposes of this Part be deemed to be a respondent.

    (3) Paragraph (2) also applies if the petition complains of the conduct of a constituency returning officer in the exercise of his functions in relation to a regional election.

    (4) The petition shall be in the prescribed form, state the prescribed matters and be signed by the petitioner, or all the petitioners if more than one, and shall be presented to the High Court.

    (5) The petition shall be presented by delivering it to the prescribed officer or otherwise dealing with it in the prescribed manner; and the prescribed officer shall send a copy of it to the returning officer of the Assembly constituency or electoral region to which the petition relates, who shall forthwith publish it in that Assembly constituency or electoral region.

    (6) The petition shall be served in such manner as may be prescribed.

Time for presentation or amendment of Assembly election petition
    
87.  - (1) Subject to the provisions of this article, an Assembly election petition shall be presented within 21 days after the day on which the name of any member to whose election or return the petition relates has been returned in accordance with Schedule 5 to this Order or section 9(6) of the 1998 Act.

    (2) If the petition questions the election or return upon an allegation of corrupt practices and specifically alleges a payment of money or other reward to have been made by such member or on his account or with his privity since the time of that return in pursuance or in furtherance of the alleged corrupt practice, it may be presented within 28 days after the date of the payment.

    (3) A petition questioning the election or return upon an allegation of an illegal practice may, so far as respects that illegal practice, be presented - 

    (4) The day referred to in paragraph (3) is the tenth day after the end of the time allowed for delivering returns as to election expenses at the election or, if later - 

    (5) An Assembly election petition presented within the time limited by paragraph (1) or (2) may, for the purpose of questioning the election or return upon an allegation of an illegal practice, be amended with the leave of the High Court within the time within which a petition questioning the election upon the allegation of that illegal practice could be presented under paragraph (3).

    (6) Paragraphs (3), (4) and (5) apply - 

    (7) For the purposes of this article, an allegation that an election is avoided under article 115 shall be deemed to be an allegation of corrupt practices, notwithstanding that the offences alleged are or include offences other than corrupt practices.

Constitution of election court and place of trial
    
88.  - (1) An Assembly election petition shall be tried by two judges on the rota for the trial of parliamentary election petitions, and the judges for the time being on that rota shall, unless they otherwise agree, try the election petitions standing for trial according to their seniority, and the judges presiding at the trial of an Assembly election are hereinafter referred to as the election court.

    (2) The election court has, subject to the provisions of this Order, the same powers, jurisdiction and authority as a judge of the High Court and shall be a court of record.

    (3) The place of trial shall be within the Assembly constituency or electoral region for which the election was held (or, where article 86(1)(d) applies, within the Assembly electoral region for which a person claims to have had a right to be returned under section 9 of the 1998 Act), but the High Court may on being satisfied that special circumstances exist rendering it desirable that the petition should be tried elsewhere, appoint some other convenient place for the trial.

    (4) The election court may adjourn the trial from one place to another within the Assembly constituency or electoral region.

Judges' expenses and reception
    
89. In relation to the trial of an Assembly election petition, the travelling and other expenses of the judges and all expenses properly incurred in providing them with necessary accommodation and with a proper court shall be defrayed by the Secretary of State out of money provided by Parliament.

Attendance of shorthand writer
    
90.  - (1) The Assembly shall require a shorthand writer to attend the trial of an Assembly election petition and that person shall be sworn by one of the judges of the election court faithfully and truly to take down the evidence given at the trial and from time to time as occasion requires to transcribe that evidence or cause it to be transcribed.

    (2) The shorthand writer shall take down the evidence and from time to time transcribe it or cause it to be transcribed and a copy of the evidence shall accompany the certificate given by the election court to the presiding officer of the Assembly.

Security for costs
    
91.  - (1) At the time of presenting an Assembly election petition or within three days afterwards the petitioner shall give security for all costs which may become payable by him to any witness summoned on his behalf or to any respondent.

    (2) The security shall be such amount not exceeding £5,000 as the High Court, or a judge of the High Court, directs on an application made by the petitioner, and shall be given in the prescribed manner by recognisance entered into by any number of sureties not exceeding four or by a deposit of money, or partly in one way and partly in the other.

    (3) Within the prescribed time after giving the security the petitioner shall serve on the respondent in the prescribed manner - 

    (4) Within a further prescribed time, the respondent may object in writing to any recognisance on the ground that any surety is insufficient or is dead or cannot be found or ascertained for want of a sufficient description in the recognisance, or that a person named in the recognisance has not duly acknowledged the recognisance.

    (5) An objection to a recognisance shall be decided in the prescribed manner.

    (6) If the objection is allowed, the petitioner may within a further prescribed time remove it by deposit in the prescribed manner of such sum of money as will, in the opinion of the court or officer having cognisance of the matter, make the security sufficient.

    (7) If no security is given as required by this article or any objection is allowed and not removed as mentioned above, no further proceedings shall be had on the petition.

Petition at issue
    
92.  - (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 - 

List of petitions
    
93.  - (1) The prescribed officer shall - 

    (2) The petitions shall, so far as convenient, be tried in the order in which they stand in the list.

    (3) Where more petitions than one are presented relating to the same Assembly election (or return under section 9 of the 1998 Act), all those petitions shall be bracketed together in the election list and shall be dealt with as one petition, standing, unless the High Court otherwise direct, in the election list in the place where the last of them would have stood if it had been the only petition presented.

Trial of petition
    
94.  - (1) An Assembly election petition shall be tried in open court, without a jury, and notice of the time and place of trial shall be given in the prescribed manner not less than fourteen days before the day of trial.

    (2) The election court may in its discretion adjourn the trial from time to time, but the trial shall, so far as is practicable consistently with the interests of justice in respect of the trial, be continued from day to day on every lawful day until its conclusion.

    (3) The trial of an Assembly election petition shall be proceeded with notwithstanding a respondent having resigned his seat or if he becomes disqualified from being an Assembly member so that his seat is vacant.

    (4) On the trial of an Assembly election petition, unless the court otherwise directs, any charge of a corrupt practice may be gone into, and evidence in relation to it received, before any proof has been given of agency on behalf of any candidate in respect of the corrupt practice.

    (5) On the trial of an Assembly election petition complaining of an undue election or return and claiming a seat for some person, a respondent may give evidence to prove that that person was not duly elected or was incapable of being duly returned in the same manner as if he had presented a petition against the election or return of that person.

    (6) This paragraph applies if, in relation to an Assembly election petition, it appears that - 

and that the addition of a vote would entitle any of those individual candidates or any party list candidate of those parties to be declared elected.

    (7) Where paragraph (6) applies - 

Witnesses
    
95.  - (1) At the trial of an Assembly election petition witnesses shall be summoned and sworn in the same manner as nearly as circumstances admit as in an action tried in the High Court.

    (2) On the trial a member of the election court may, by order signed by him, require any person who appears to him to have been concerned in the Assembly election or return under section 9 of the 1998 Act to attend as a witness, and any person refusing to obey the order shall be guilty of contempt of court.

    (3) The election court may examine any person so required to attend or who is in court although he is not called and examined by any party to the Assembly election petition.

    (4) A witness may, after his examination by the court, be cross-examined by or on behalf of the petitioner and a respondent, or either of them.

    (5) The Director of Public Prosecutions shall without any direction from the court cause any person appearing to him to be able to give material evidence as to the subject of the trial to attend the trial and shall, with the leave of the court, examine him as a witness.

Duty to answer relevant questions
    
96.  - (1) A person called as a witness respecting an Assembly election or return under section 9 of the 1998 Act before any election court shall not be excused from answering any question relating to any offence at or connected with the election or return - 

    (2) An answer by a person to a question put by or before any election court shall not, except in the case of any criminal proceeding for perjury in respect of the evidence, be in any proceeding, civil or criminal, admissible in evidence against that person or that person's husband or wife.

Expenses of witnesses
    
97.  - (1) The reasonable expenses incurred by any person in appearing to give evidence at the trial of an Assembly election petition, according to the scale allowed to witnesses on the trial of civil actions, may be allowed to him by a certificate of the election court or of the prescribed officer.

    (2) If the witness was called and examined by virtue of article 95(2), the expenses referred to in paragraph (1) shall be deemed part of the expenses of providing a court, but otherwise they shall be deemed costs of the petition.

Conclusion of trial of Assembly election petition
    
98.  - (1) Subject to paragraph (2), at the conclusion of the trial of an Assembly election petition, the election court shall determine whether - 

and the determination so certified shall be final to all intents as to the matters at issue on the petition.

    (2) Where the election court determine that at a regional election an Assembly member for an Assembly electoral region was not duly elected or returned, the court in addition shall determine that the regional election was void.

    (3) The election court shall forthwith certify in writing the determination to the presiding officer of the Assembly.

    (4) If the judges constituting the election court - 

    (5) Where any charge is made in the petition of any corrupt or illegal practice having been committed at an Assembly election the court shall, in addition to giving a certificate, and at the same time, make a report to the presiding officer of the Assembly as required by articles 107 and 109 and also stating whether corrupt or illegal practices have, or whether there is reason to believe that corrupt or illegal practices have, extensively prevailed at the election.

    (6) The election court may at the same time make a special report to the presiding officer of the Assembly as to matters arising in the course of the trial an account of which in the
judgement of the court ought to be submitted to the Assembly.

    (7) Every report sent to the presiding officer of the Assembly under this article shall be signed by both judges of the election court and if the judges differ as to the subject of the report, they shall certify that difference and make no report on the subject on which they so differ.

    (8) The presiding officer of the Assembly shall publish any certificate or report of an election court received by him under this article.

Election court determination in respect of a constituency election etc
     99.  - (1) Where by virtue of article 98 at a constituency election the election court determine that at a constituency election - 

and the return of the member at that election was taken into account for the purposes of deciding which members were to be returned for the Assembly electoral region in which the Assembly constituency is situated - 

    (2) Where by virtue of article 98(4)(b) a constituency election is deemed to be void, the election court shall be treated as having determined that election to be void for the purposes of paragraph (1)(b).

Regional election determined to be void by election court
    
100.  - (1) Where by virtue of article 98 the election court determine that a regional election was void, the presiding officer of the Assembly shall (subject to paragraph (3)) forthwith after receipt of the certificate from the election court under article 98(3)  - 

    (2) The date fixed shall not be later than three months after receipt of the certificate from the election court.

    (3) But an election shall not be held if it appears to the presiding officer of the Assembly that the latest date which may be fixed for the poll would fall within the period of three months preceding an ordinary election.

    (4) A notice under paragraph (1)(b) shall - 

    (5) The regional returning officer shall on receipt of notice under paragraph (1)(b) inform each constituency returning officer for an Assembly constituency in the Assembly electoral region as to the contents of that notice.

    (6) The results of the constituency elections in the Assembly electoral region for which the election is held at the last ordinary election shall have effect for the purposes of ascertaining the results of the regional election.

Special case for determination of High Court
    
101.  - (1) If, on the application of any party to an Assembly election petition made in the prescribed manner to the High Court, it appears to the High Court that the case raised by the petition can be conveniently stated as a special case, the High Court may direct it to be stated accordingly and the special case shall be heard before the High Court.

    (2) The High Court shall certify to the presiding officer of the Assembly its decision on the special case.

    (3) If it appears to the election court on the trial of an Assembly election petition that any question of law as to the admissibility of evidence or otherwise requires further consideration by the High Court, the election court may postpone the granting of a certificate until the question has been determined by the High Court, and for this purpose may reserve the question by stating a case for the decision of the High Court.

    (4) The presiding officer of the Assembly shall publish any certificate received by him under paragraph (2).

Withdrawal of petition
    
102.  - (1) A petitioner shall not withdraw an Assembly election petition without the leave of the election court or High Court on special application, made in the prescribed manner and at the prescribed time and place.

    (2) The application shall not be made until the prescribed notice of the intention to make it has been given in the Assembly constituency or electoral region to which the petition relates.

    (3) Where there is more than one petitioner, the application shall not be made except with the consent of all the petitioners.

    (4) If a petition is withdrawn the petitioner shall be liable to pay the costs of a respondent.

Costs of petition
    
103.  - (1) All costs of and incidental to the presentation of an Assembly election petition and the proceedings consequent on it, except such as are by this Order otherwise provided for, shall be defrayed by the parties to the petition in such manner and in such proportions as the election court or High Court may determine.

    (2) In particular - 

may be ordered to be defrayed by the parties by whom it has been incurred or caused whether or not they are on the whole successful.

Neglect or refusal to pay costs
    
104.  - (1) Paragraph (2) applies if, in relation to an Assembly election petition, a petitioner neglects or refuses, for six months after demand, to pay any person summoned as a witness on his behalf or to the respondent any sum certified to be due to that person or the respondent for his costs, and the neglect or refusal is, within one year after the demand, proved to the satisfaction of the High Court.

    (2) Where paragraph (1) applies, every person who under this Order entered into a recognisance relating to that petition shall be held to be in default of the recognisance, and

Further provision as to costs
    
105.  - (1) Where upon the trial of an Assembly election petition it appears to the election court - 

the court may, subject to the provisions of paragraph (2), make such order with respect to the whole or part of the costs of the petition as is mentioned in that paragraph.

    (2) If it appears to the court that any person or persons is or are proved, whether by providing money or otherwise, to have been extensively engaged in corrupt practices, or to have encouraged or promoted extensive corrupt practices in relation to the Assembly election, the court may, after giving that person or those persons an opportunity of being heard by counsel or solicitor and examining and cross examining witnesses to show cause why the order should not be made - 

    (3) Where any person appears to the court to have been guilty of a corrupt or illegal practice, the court may, after giving that person an opportunity of making a statement to show why the order should not be made, order the whole or any part of the costs of or incidental to any proceeding before the court in relation to that offence or to that person to be paid by that person to such person or persons as the court may direct.

Appeals and jurisdiction
    
106.  - (1) No appeal lies without the special leave of the High Court from the decision of the High Court on any question of law, whether on appeal or otherwise, under the foregoing provisions of this Part, and if leave to appeal is granted the decision of the Court of Appeal in the case shall be final and conclusive.

    (2) Subject to the provisions of this Order, the principles, practice and rules on which committees of the House of Commons used to act in dealing with parliamentary election petitions shall be observed, so far as may be, by the High Court and election court in the case of Assembly election petitions.

    (3) The High Court has, subject to the provisions of this Order, the same powers, jurisdiction and authority with respect to an Assembly election petition and the proceedings on it as if the petition were an ordinary action within its jurisdiction.

    (4) The duties to be performed in relation to Assembly elections by the prescribed officer under this Part shall be performed by such one or more of the masters of the Supreme Court (Queen's Bench Division) as the Lord Chief Justice may determine.

Report as to candidate guilty of a corrupt or illegal practice
    
107.  - (1) Other than where the petition relates to a return under section 9 of the 1998 Act, the report of an election court under article 98 shall state whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the Assembly election, and the nature of the corrupt or illegal practice.

    (2) For the purposes of articles 108 and 109 - 

    (3) The report shall also state whether any of the candidates has at that Assembly election been guilty by his agents of any corrupt or illegal practice in relation to the election; but if a candidate is reported guilty by his agents of treating, undue influence or any illegal practice, and the court further reports that the candidate has proved to the court - 

then the candidate shall not be treated for the purposes of article 108 as having been reported guilty by his agents of the offences mentioned in the report.

Candidate reported guilty of corrupt or illegal practice
    
108. If a candidate who has been elected is reported by an election court personally guilty or guilty by his agents of any corrupt or illegal practice his election shall be void.

Persons reported personally guilty of corrupt or illegal practices
    
109.  - (1) Other than where the petition relates to a return under section 9 of the 1998 Act, the report of the election court under article 98 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 - 

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 125, a candidate or other person reported by an election court personally guilty of a corrupt practice shall for five years from the date of the report be incapable - 

and, if already elected to the Assembly or such other body mentioned in sub-paragraph (b), or holding such office, shall from that date vacate the seat or office.

    (4) The incapacities imposed by sub-paragraph (3)(a) apply only to a candidate or other person reported personally guilty of a corrupt practice under article 28.

    (5) Subject to the provisions of paragraph (6) and article 125, a candidate or other person reported by an election court personally guilty of an illegal practice shall for three years from the date of the report be incapable of being registered as an elector or voting at any Assembly election, any parliamentary election, any European Parliamentary election or at any election to a public office held - 

    (6) The incapacities imposed by paragraph (5)(a) or, as the case may be, paragraph (5)(b) apply only to a candidate or other person reported personally guilty of an illegal practice under article 29.

    (7) 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.

Persons reported personally guilty of corrupt or illegal practices at parliamentary elections or local government elections
     110.  - (1) Subject to the provisions of section 174 of the 1983 Act, if a person is reported by an election court personally guilty of a corrupt practice under that Act, in addition to being subject to the incapacities set out in section 160(4) of that Act, he shall for five years from the date of that report be incapable of being elected to and sitting in the Assembly, and if already elected to the Assembly, he shall from that date vacate the seat.

    (2) Subject to the provisions of section 174 of the 1983 Act, if a person is reported by an election court personally guilty of an illegal practice under that Act, in addition to being subject to the incapacities set out in section 160(5) of that Act, he shall for three years from the date of the report be incapable of being registered as an elector or voting at any Assembly election held - 

    (3) Section 174 of the 1983 Act shall apply to any incapacity imposed under this article as if the incapacity was imposed under section 160 of that Act.

Persons reported personally guilty of corrupt or illegal practices at European Parliamentary elections
     111.  - (1) References in this article to the 1983 Act are to that Act as applied by the European Parliamentary Elections Regulations 1986[28].

    (2) Subject to the provisions of section 174 of the 1983 Act, if a person is reported by an election court personally guilty of a corrupt practice under the 1983 Act in addition to being subject to the incapacities set out in section 160(4) of that Act he shall for five years from the date of that report be incapable of being elected to and sitting in the Assembly and, if already elected to the Assembly, he shall from that date vacate the seat.

    (3) Subject to the provisions of section 174 of the 1983 Act, if a person is reported by an election court personally guilty of an illegal practice in addition to being subject to the incapacities set out in section 160(5) of that Act he shall for three years from the date of the report be incapable of being registered as an elector or voting at any Assembly election.

    (4) Section 174 of the 1983 Act shall apply to any incapacity imposed under this article as if the incapacity was imposed under section 160 of that Act.

Justice of the peace
     112. Where a justice of the peace is reported by an election court to have been guilty of any corrupt practice in relation to an Assembly election the court shall report the case to the Lord Chancellor with such evidence as may have been given of the corrupt practice.

Members of legal and certain other professions
    
113. Where a barrister, advocate, solicitor or any person who belongs to any profession the admission to which is regulated by law is reported by an election court to have been guilty of any corrupt practice in relation to an Assembly election - 

Holder of licence or certificate under Licensing Acts
    
114.  - (1) If it appears to an election court that a person holding a licence or certificate under the Licensing Acts has knowingly permitted any bribery or treating in relation to any Assembly election to take place upon his licensed premises - 

    (2) The entry of the report in that register shall be taken into consideration by the licensing authority in determining whether they will or will not grant a renewal of the licence or certificate of the person reported and may be a ground, if the authority think fit, for refusing renewal.

Avoidance of election for general corruption etc
    
115.  - (1) Where on an Assembly election petition it is shown that corrupt or illegal practices or illegal payments, employments or hirings committed in relation to an Assembly election for the purpose of promoting or procuring the election of any person at the election have so extensively prevailed that they may be reasonably supposed to have affected the result - 

    (2) Where on an Assembly election petition it is shown that corrupt or illegal practices or illegal payments, employments or hirings committed have prevailed in relation to a regional election for the purpose of promoting or procuring the giving of votes for a registered political party at the election, such acts, for the purposes of paragraph (1), shall be treated as having prevailed for the purpose of promoting or procuring the election of each candidate on that party's list.

    (3) An election shall not be liable to be avoided otherwise than under this article by reason of general corruption, bribery, treating or intimidation.

Avoidance of election for employing corrupt agent
    
116.  - (1) Subject to paragraph (2), if - 

as a canvasser or agent for the conduct or management of the election any person whom he knows or has (or they know or have) reasonable grounds for supposing to be subject to an incapacity to vote at the election by reason - 

    (2) In relation to party list candidates at a regional election, the incapacity imposed by paragraph (1) shall apply - 

    (3) A vote given - 

shall not, by reason of that incapacity, be deemed to be thrown away so as to entitle another candidate to be declared elected, unless given at a poll consequent on the decision of an election court that he was so incapable.

Votes to be struck off for corrupt or illegal practices
     117.  - (1) Where, on an Assembly election petition claiming the seat for any person, a candidate is proved to have been guilty by himself, or by any person on his behalf, of bribery, treating or undue influence in respect of any person who voted at an Assembly election there shall, on a scrutiny, be struck off from the number of votes appearing to have been given - 

one vote for every person who voted at the election and is proved to have been so bribed, treated or unduly influenced.

    (2) If any person who is guilty of a corrupt or illegal practice or of illegal payment, employment or hiring at an Assembly election votes at the election, his vote shall be void.

    (3) If any person who is subject under any enactment relating to corrupt or illegal practices to an incapacity to vote at - 

votes at that Assembly election, his vote shall be void.

Application for relief
    
118.  - (1) An application for relief under this article may be made to the High Court or an election court or else, if in respect of a payment made in contravention of article 47(1), (2) or (3), to a county court.

    (2) Where a person makes an application under this article he shall notify the Director of Public Prosecutions of the application and the Director or his assistant or representative may attend the hearing of the application and make representations at the hearing in respect of it.

    (3) If it is shown to the court by such evidence as to the court seems sufficient - 

and under the circumstances it seems to the court to be just that either that or any other person should not be subject to any of the consequences under this Order of the act or omission, the court may make an order allowing the act or omission to be an exception from the provisions of this Order making it an illegal practice, payment, employment or hiring and upon the making of the order no person shall be subject to any of the consequences under this Order of that act or omission.

    (4) The jurisdiction vested by this article in a county court may be exercised otherwise than in open court.

    (5) An appeal lies to the High Court from any order of a county court made under this article.

Prosecutions for corrupt practices
    
119.  - (1) A person who is guilty of a corrupt practice under this Order shall be liable - 

    (2) If it appears to the court by which any person holding a licence or certificate under the Licensing Acts is convicted of the offence of bribery or treating that the offence was committed on his licensed premises - 

Prosecutions for illegal practices
    
120. A person guilty of an illegal practice shall on summary conviction be liable to a fine not exceeding level 5 on the standard scale; and on a prosecution for an illegal practice it shall be sufficient to allege that the person charged was guilty of an illegal practice.

Conviction of illegal practice on charge of corrupt practice etc
    
121. A person charged with a corrupt practice may, if the circumstances warrant such finding, be found guilty of an illegal practice (which offence shall for that purpose be an indictable offence), and a person charged with an illegal practice may be found guilty of that offence notwithstanding that the act constituting the offence amounted to a corrupt practice.

Incapacities on conviction of corrupt or illegal practice
    
122.  - (1) Subject to the provisions of article 125, but in addition to any punishment as provided by the above provisions  - 

    (2) A person convicted of a corrupt or illegal practice who has already been elected to a seat in the Assembly shall (subject to paragraph (3)) vacate the seat at the appropriate time for the purposes of this article, namely  - 

    (3) If (before the appropriate time mentioned in paragraph (2)) notice of appeal is given, or an application for leave is made, by such a person in respect of such a conviction, he shall vacate the seat at the end of the period of three months beginning with the date of the conviction unless  - 

    (4) Where such a person vacates a seat in accordance with paragraph (2) or (3), no subsequent determination of a court that his conviction should not be upheld shall entitle him to resume the seat.

    (5) A person convicted of a corrupt or illegal practice who has already been elected to a seat in the Assembly shall (in addition to being subject to the incapacities mentioned in paragraph (1)) be suspended from performing any of his functions as a member of the Assembly during the period of suspension specified in paragraph (6).

    (6) For the purposes of paragraph (5) the period of suspension is the period beginning with the date of the conviction and ending with  - 

    (7) Any incapacities or other requirement applying to a person by virtue of paragraph (1) or (5) applies in addition to any punishment imposed under article 119 or 120 but each of those paragraphs has effect subject to section 174 of the 1983 Act.

Incapacities on conviction of corrupt or illegal practice at parliamentary or local government elections
    
123.  - (1) Subject to the provisions of section 174 of the 1983 Act, but in addition to any punishment as provided by the preceding provisions of that Act - 

    (2) Section 174 of the 1983 Act shall apply to any incapacity imposed under this article as if the incapacity was imposed under section 160 of that Act.

Incapacities on conviction of corrupt or illegal practice at European
Parliamentary elections
     124.  - (1) References in this article to the 1983 Act are to that Act as applied by the European Parliamentary Elections Regulations 1986[31].

    (2) Subject to the provisions of section 174 of the 1983 Act, but in addition to any punishment as provided by the preceding provisions of that Act - 

as if at the date of the conviction he had been reported personally guilty of that corrupt or illegal practice.

    (3) Section 174 of the 1983 Act shall apply to any incapacity imposed under this article as if the incapacity was imposed under section 160 of that Act.

Mitigation and remission etc
     125.  - (1) Where - 

the court may order that the incapacity shall thenceforth cease so far as it is imposed in respect of those matters.

    (2) Where any person who is subject to any incapacity as mentioned above is on a prosecution convicted of any such matters as are mentioned above, no further incapacity shall be taken to be imposed by reason of the conviction, and the court shall have the like power (if any) to mitigate or remit for the future the incapacity so far as it is imposed by article 109 in respect of the matters of which he is convicted, as if the incapacity had been imposed by reason of the conviction.

    (3) A court exercising any of the powers conferred by paragraphs (1) and (2) shall make an order declaring how far, if at all, the incapacities imposed by virtue of the relevant report remain unaffected by the exercise of that power, and that order shall be conclusive for all purposes.

    (4) Where a person convicted of a corrupt or illegal practice is subsequently reported to have been guilty of that practice by an election court, no further incapacity shall be imposed on him under article 109 by reason of the report.

    (5) Where any person is subject to any incapacity by virtue of a conviction or of the report of an election court, and any witness who gave evidence against that person upon the proceeding for the conviction or report is convicted of perjury in respect of that evidence, the incapacitated person may apply to the High Court, and the court, if satisfied that the conviction or report so far as respects that person was based upon perjury, may order that the incapacity shall thenceforth cease.

Illegal payments etc
    
126.  - (1) A person guilty of an offence of illegal payment or employment shall, on summary conviction, be liable to a fine not exceeding level 5 on the standard scale; and on a prosecution for such an offence it shall be sufficient to allege that the person charged was guilty of an illegal payment or employment as the case may be.

    (2) A candidate or election agent who is personally guilty of an offence of illegal payment or employment shall be guilty of an illegal practice.

    (3) Any person charged with an offence of illegal payment or employment may be found guilty of that offence, notwithstanding that the act constituting the offence amounted to a corrupt or illegal practice.

Time limit for prosecutions
    
127.  - (1) A proceeding against a person in respect of any offence under any provision contained in this Order shall be commenced within one year after the offence was committed, and the time so limited by this article shall, in the case of any proceedings under the Magistrates' Courts Act 1980[32] (or, in Northern Ireland, the Magistrates' Courts (Northern Ireland) Order 1981)[33] for any such offence, be substituted for any limitation of time contained in that Act or Order.

    (2) For the purposes of this article - 

shall be deemed to be the commencement of a proceeding.

Prosecution of offences committed outside the United Kingdom
     128. Proceedings in respect of an offence under this Order alleged to have been committed outside the United Kingdom by a Commonwealth citizen, a citizen of the Republic of Ireland or a relevant citizen of the Union may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.

Offences by associations
    
129. Where - 

is committed by any association or body of persons, corporate or unincorporate, the members of the association or body who have taken part in the commission of the offence shall be liable to any fine or punishment imposed for that offence by this Order.

Evidence by certificate of holding of Assembly elections
    
130. On - 

the certificate of the appropriate returning officer at an Assembly election - 

Evidence by certificate of electoral registration
    
131. 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.

Director of Public Prosecutions
    
132.  - (1) Where information is given to the Director of Public Prosecutions that any offence under this Order has been committed it is his duty to make such inquiries and institute such prosecutions as the circumstances of the case appear to him to require.

    (2) The Director by himself or by his assistant or by his representative appointed under paragraph (3) may and, if the election court so requests him, shall attend the trial of every Assembly election petition.

    (3) The Director may nominate a barrister or solicitor to be his representative for the purposes of this Part.

    (4) There shall be allowed to the Director and his assistant or representative for the purposes of this Part (other than his general duties under paragraph (1)) such allowances for expenses as the Treasury may approve.

    (5) The costs incurred in defraying the expenses of the Director incurred for those purposes (including the remuneration of his representative) shall, in the first instance, be paid by the Treasury, and shall be deemed to be expenses of the election court; but if for any reasonable cause it seems just to the court so to do, the court shall order all or part of those costs to be repaid to the Treasury by the parties to the petition, or such of them as the court may direct.

Rules of procedure
    
133.  - (1) The authority having for the time being power to make rules of court for the Supreme Court may make rules for the purposes of Part III of this Order and this Part.

    (2) In relation to the power conferred under paragraph (1) to make rules - 

    (3) The Election Petition Rules 1960[35]) shall have effect (subject to the modifications set out in Schedule 9) in relation to an Assembly election petition as if made in the exercise of the power conferred by paragraph (1).

Costs
     134.  - (1) The rules of the Supreme Court with respect to costs to be allowed in actions, causes and matters in the High Court shall in principle and so far as practicable apply to the costs of petition and other proceedings under Part III of this Order or this Part and the taxing officer shall not allow any costs higher than would be allowed in any action, cause or matter in the High Court on a common fund basis.

    (2) Where any costs or other sums are, under the order of an election court or otherwise under this Part, to be paid by any person, those costs or sums shall be due from that person to the person or persons to whom they are to be paid and, if payable to the Treasury, shall be a debt due to Her Majesty and in either case may be recovered accordingly.

Service of notices
    
135.  - (1) Any notice, legal process or other document required to be served on any person with reference to any proceeding for the purpose of causing him to appear before the High Court, a county court, or any election court, or otherwise or of giving him an opportunity of making a statement, or showing cause, or being heard by himself before any court for any purpose of this Part may be served - 

    (2) In proving service by post under this article it shall be sufficient to prove that the letter was prepaid, properly addressed, and registered or recorded with the postal operator (within the meaning of the Postal Services Act 2000[36]) concerned.

Interpretation of Part IV
     136.  - (1) In this Part, unless the context otherwise requires - 

and expressions referring to money shall be construed accordingly,

    (2) For the purposes of section 119 of the 1998 Act anything required by this Part to be published by the presiding officer of the Assembly shall be treated as being required to be published by the Assembly.

Computation of time for purposes of Part IV
     137. Article 84 applies in computing any period of time for the purposes of this Part as it applies for the purposes of Part III of this Order.



PART V

MISCELLANEOUS AND SUPPLEMENTAL

Advertisements
    
138. The Town and Country Planning (Control of Advertisement) Regulations 1992[38] shall have effect in relation to the display on any site in Wales relating specifically to an Assembly election or Assembly elections as they have effect in relation to the display of an advertisement relating specifically to a parliamentary election.

Assembly constituencies not wholly within a county or county borough
     139. Where an Assembly constituency is not coterminous with, or wholly situated in, a county or county borough - 

Forms: absent voting
    
140. The registration officer shall supply free of charge as many copies of forms for use in connection with applications made under article 8, 9,11, or 12 and Schedule 2 as appear to that officer reasonable in the circumstances to any person who satisfies that officer of his intention to use the forms in connection with an Assembly election or Assembly elections.

Forms: general
    
141.  - (1) Subject to paragraph (2), the forms set out in this Order may be used with such variations as the circumstances may require.

    (2) Paragraph (1) does not apply to the forms of ballot paper to be used at constituency and regional elections set out in the Appendix to Schedule 5.

    (3) Without prejudice to the power conferred by paragraph (1), where any form to which that paragraph applies is set out in English and Welsh in this Order so that it is set out in English first and then in Welsh, that form may be varied so that - 

    (4) Where any form is required to be completed by any person, and it is a form set out in this Order referred to in paragraph (3), such form may be validly completed by completion of either the English or Welsh parts.

Public notices, and declarations
    
142.  - (1) A public notice required by this Order to be given by a constituency or regional returning officer at an Assembly election shall be given by posting the notice in some conspicuous place or places - 

and may also be given in such other manner as he thinks desirable for publicising it.

    (2) Any person before whom a declaration is authorised to be made under this Order may take the declaration.

Sending of applications and notices
    
143. Any application or notice which is required by this Order to be made to a registration officer or a returning officer shall be made in writing and sent by post or delivered to his office or to the address specified by him for the purpose.

Publication of documents
    
144.  - (1) Any failure to publish a document in accordance with this Order shall not invalidate the document, but this provision shall not relieve a registration officer from any penalty for such a failure.

    (2) Where a document is made available for inspection, any person may make a copy (whether in handwriting or by other means) of the whole or any part of such a document.

Interference with notices etc
    
145. If any person without lawful authority destroys, mutilates, defaces or removes any notice published by a registration officer in connection with his registration duties under this Order or any copies of a document which have been made available for inspection in pursuance of those duties, he shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Premises used for election purposes
    
146. In relation to premises in Wales, section 65(6) of the Local Government Finance Act 1988[39] (occupation for election meetings and polls) shall have effect as if - 


Peter Hain
Secretary of State for Wales

28th February 2003



SCHEDULE 1

Electors Lists and Registers: Miscellaneous and Related Provision


Article 4(2)



ARRANGEMENT OF PARAGRAPHS

1. Free copies of register etc.
2. Sale of register.
3. Supply of data.
4. Interpretation.

Free copies of register etc
    
1.  - (1) The registration officer shall, on request, supply free of charge to - 

one copy of so much of the register as relates to that constituency or, as the case may be, electoral region.

    (2) The registration officer shall - 

supply free of charge - 

    (3) The registration officer shall - 

supply free of charge copies of so much of the register as relates to that electoral region in accordance with sub-paragraphs (4) to (6).

    (4) The registration officer shall supply - 

    (5) With reference to the right conferred on a person by sub-paragraph (4)(a)(i), not more than one person in respect of the same prospective candidature shall be so supplied.

    (6) With reference to the right conferred on a person by sub-paragraph (4)(a)(ii), not more than one person in respect of the same prospective candidature shall be so supplied and, following such supply, the right may not be exercised again with respect to any other prospective candidate for that list.

    (7) The registration officer who is not the returning officer for an Assembly constituency or electoral region shall supply free of charge to that officer as many copies of so much of the register as that officer needs for the purposes of an election for that Assembly constituency or, as the case may be, electoral region.

    (8) In sub-paragraph (1), (2) and (4), the duty to supply one copy of the register means a duty to supply a copy in data form, unless, prior to publication, the recipient has requested in writing a copy in printed form.

    (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.

Sale of register
    
2. -  Regulation 48 of the 2001 Regulations (sale of register etc) shall apply to - 

as it applies to the supply of, and calculation of payment of fees for, a copy or copies of the register.

Supply of Data
    
3.  - (1) The duty on the registration officer to supply data under paragraphs 1 and 2 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 1(7).

Interpretation
    
4. -  In this Schedule "data" means information which is recorded with the intention that it should be processed by means of equipment operating automatically in response to instructions given for that purpose.



SCHEDULE 2


Absent Voting At Assembly Elections


Article 14(2)

ARRANGEMENT OF PARAGRAPHS

1. General requirements for applications.
2. Additional requirements for applications on grounds of physical incapacity.
3. Additional requirements for applications based on occupation, service or employment.
4. Additional requirements for application to vote by proxy in respect of a particular Assembly election.
5. Additional requirements for applications for appointment of a proxy.
6. Closing dates for applications.
7. Grant or refusal of applications.
8. Notice of appeal.
9. Cancellation of proxy appointment.
10. Inquiries by registration officer.
11. Records and lists to be kept under articles 8,10 and 12.
12. Marked register for polling stations.
13. Certificate of employment at an Assembly election.
14. Notification by registration officer.[b]

APPENDIX OF FORMS

Form of proxy paper.
Form of certificate of employment.
General requirements for applications

1.  - (1) Applications under article 8, 9, 11 or 12 shall, in addition to the address which is required by article 8(8), 9(4) or 12(10) (as the case may be), state - 

and the application shall be signed by the applicant and made and sent or delivered in accordance with article 143.

    (2) For the purposes of paragraph (1)(b), the address in respect of which the applicant is or will be registered includes - 

    (3) An application under article 9(1) or (2), 11(7) or 12(7) shall specify the election in respect of which it is made.

    (4) An application to vote by proxy under article 8(1) or (7) or 9(1) or (2) shall include an application for the appointment of a proxy which meets the requirements of paragraph 5.

    (5) An application under article 8, 9, 11 or 12 shall comply with such further requirements of this Schedule as apply to such an application and with the requirements as to time set out by paragraph 6.

Additional requirements for applications on grounds of physical incapacity
    
2.  - (1) An application to vote by proxy for a particular or indefinite period under article 8(2)(b) shall specify the physical incapacity by reason of which the application is made.

    (2) Subject to sub-paragraphs (3) to (5), such an application shall be attested and signed by - 

    (3) But a person may not attest an application under article 8(2)(b) by virtue of sub-paragraph (2)(a), (b) or (c) unless he is treating the applicant for the physical incapacity specified in accordance with sub-paragraph (1) or the applicant is receiving care from him in respect of that incapacity.

    (4) The person attesting an application under sub-paragraph (2) shall state - 

    (5) Sub-paragraphs (2) and (4) shall not apply where - 

    (6) The fact that an applicant is registered with a local authority under section 29(4)(g) of the National Assistance Act 1948 shall be deemed sufficient evidence that he is eligible for an absent vote on the grounds set out in article 8(2)(b).

    (7) In this paragraph and paragraphs 3 and 4, "his allotted polling station", in relation to an elector, means the polling station allotted or likely to be allotted to him under this Order.

Additional requirements for applications based on occupation, service or employment
     3.  - (1) An application to vote by proxy for a particular or indefinite period under article 8(2)(c) shall state - 

    (2) Such an application shall be attested and signed - 

    (3) For the purpose of sub-paragraphs (2)(a) and (4)(i), one person is related to another if he is the husband, wife, parent, grand-parent, brother, sister, child or grandchild of the other.

    (4) The person attesting an application under sub-paragraph (2) shall - 

and, in addition, he shall state - 

Additional requirements for applications to vote by proxy in respect of a particular Assembly election
    
4. 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.

Additional requirements for applications for appointment of a proxy
    
5. An application for the appointment of a proxy under article 11(6) or (7) shall state the full name and address of the person whom the applicant wishes to appoint as his proxy, together with his family relationship, if any, with the applicant, and - 

Closing dates for applications
    
6.  - (1) An application - 

shall be disregarded for the purposes of any particular Assembly election if it is received by the registration officer after 5 pm on the sixth day before the date of the poll at that election.

    (2) Subject to sub-paragraph (3), an application - 

shall be disregarded for the purposes of any particular Assembly election if it is received by the registration officer after 5 pm on the eleventh day before the date of the poll at that election.

    (3) The following, namely - 

shall be disregarded for the purposes of any particular Assembly election if it is received by the registration officer after - 

    (4) In computing a period of days for the purposes of paragraph 5 and this paragraph - 

shall be disregarded.

Grant or refusal of applications
     7.  - (1) Where the registration officer grants an application under article 8, 9, 11 or 12 he shall, where practicable, notify the applicant of his decision.

    (2) Where the registration officer grants an application for the appointment of a proxy, he shall, where practicable, confirm in writing to the elector that the proxy has been appointed, his name and address and the duration of the appointment.

    (3) The proxy paper to be issued by the registration officer on the appointment of a proxy shall be in the form set out in English and Welsh in the Appendix (but this may be combined with another form of proxy paper if the registration officer is issuing a proxy paper appointing that person as proxy for the same elector in respect of another election or other elections).

    (4) Where the registration officer disallows an application under article 8, 9, 11 or 12 he shall notify the applicant of his decision and, in the case of an application under article 8(1) or 12(4), of the reason for his decision; and he shall date such notification.

    (5) Where under paragraph 6(1) or (4) the registration officer disregards an application for the purposes of any Assembly election, he shall, where practicable, notify the applicant of this.

    (6) At an Assembly election where the registration officer is not the returning officer for any constituency or part of a constituency for which he is the registration officer, he shall send to that returning officer details of any application to vote by post which he has granted as soon as practicable after doing so.

Notice of appeal
    
8.  - (1) A person desiring to appeal under article 5(1) against the decision of a registration officer must give notice of the appeal to the registration officer within 14 days of the receipt of the notice given under paragraph 7(4) specifying the grounds of the appeal.

    (2) The registration officer shall forward any such notice to the county court in the manner directed by rules of court together in each case with a statement of the material facts which in his opinion have been established in the case, of his decision upon the whole case and on any point which may be specified as a ground of appeal.

    (3) Where it appears to the registration officer that any notices of appeal given to him are based on similar grounds, he shall inform the county court of this to enable the court (if it thinks fit) to consolidate the appeals or select a case as a test case.

Cancellation of proxy appointment
    
9. Where the appointment of a proxy is cancelled by notice given to the registration officer under article 11(9) or ceases to be in force under that provision or is no longer in force under article 11(10)(b), the registration officer shall - 

Inquiries by registration officer
    
10.  - (1) The registration officer may, at such times as he thinks fit, make inquiries of a person - 

    (2) In the case of a person - 

the registration officer shall make the inquiries referred to in sub-paragraph (1) not later than three years after the date of the granting of the application or the last such inquiries, as the case may be.

    (3) In respect of a person to whom sub-paragraph (2)(b) or (c) applies, the commencement date shall be treated as the date of the granting of the application.

    (4) The registration officer may treat the failure by a person of whom inquiries have been made under sub-paragraph (1) or (2) to respond to such inquiries within one month of the date on which they were made as sufficient evidence of a material change in circumstances.

    (5) In this paragraph "commencement date" means the date of commencement of this Order.

Records and lists kept under articles 8, 10 and 12
    
11.  - (1) Subject to the provisions of this paragraph and article 139(a), the records kept under articles 8(4) and 12(6) and the lists kept under articles 10(1) and 12(8) shall be in such form as the registration officer thinks fit.

    (2) In that part of the absent voters list referred to in article 10(1)(a), the address to which a ballot paper or, where a person is entitled to give two votes at an ordinary election, ballot papers shall be sent to a person who is entitled to vote by post as an elector shall be placed on the right hand side of his name and electoral number.

    (3) In that part of the absent voters list referred to in article 10(1)(b) (the list of proxies), the name and address of the proxy shall be placed on the right hand side of the elector's name and electoral number.

    (4) In the list kept under article 12(8) (those proxies who are entitled to vote by post), the name of the proxy, together with the address to which his ballot paper or, where a person is entitled to give two votes at an ordinary election, ballot papers shall be sent, shall be placed on the right hand side of the elector's name and electoral number.

    (5) The registration officer shall make available for inspection at his office a copy of the records kept under articles 8(4) and 12(6).

    (6) As soon as practicable after the day referred to in paragraph 6(1), the registration officer shall publish the lists kept under articles 10(1) and 12(8) by making a copy of them available for inspection at his office; and he shall continue to make a copy of those lists so available until the date of the poll.

    (7) Subject to sub-paragraph (8), as soon as practicable after the publication of the lists referred to in sub-paragraph (6), the registration officer shall, on request, supply free of charge a copy of them to each - 

    (8) But if such a request is made before any issue of postal ballot papers, he shall before that issue supply a copy of those lists or so much of them as relates to that issue.

    (9) In this paragraph, 'electoral number' means a person's number in the register to be used at the election or, pending publication of the register, his number (if any) in the electors lists for that register.

Marked register for polling stations
    
12. To indicate that an elector or his proxy is entitled to vote by post and is for that reason not entitled to vote in person, the letter 'A' shall be placed against the name of that elector in any copy of the register, or part of it, provided for a polling station.

Certificate of employment at an Assembly election
    
13. The certificate as to the employment of constables and persons employed by a returning officer on the date of the poll at an Assembly election (to enable such a constable or person to vote elsewhere than at his own polling station) shall be in the form set out in English and Welsh in the Appendix and shall be signed, in the case of a constable, by an officer of a police force of or above the rank of inspector.

Notification by registration officer
    
14. Where a registration officer is required by this Schedule to notify any person, such notification shall be in writing and may be sent by post - 



Appendix of Forms

Form of Proxy Paper

Paragraph 7(2)

Proxy Paper

National Assembly for Wales

Constituency:


Electoral Region:


Polling District:


Name of Proxy:


Address:


is hereby appointed as proxy for:

(Name of elector):




who is qualified to be registered for:

(Qualifying Address):


to vote for him/her at

*the Assembly election(s) for the above [*constituency] [*and] [*electoral region] on (date)


*any Assembly election for the above constituency and electoral region.

[*This proxy appointment is not valid until


[[*This proxy appointment remains valid until [
]]]

Signature:


Electoral Registration Officer:


Address:


Date:


*Delete whichever is inapplicable.

National Assembly for Wales

Your Right to Vote as Proxy

     1. This proxy paper gives you the right to vote as proxy, at an Assembly election or Assembly elections only, on behalf of the elector whose name is given above.

     2. Your appointment as proxy may be for an Assembly election or Assembly elections on a particular day or it may be for a particular or an indefinite period. If it is for an election or elections on a particular day, you have the right to vote only at the election or elections specified in the proxy paper. If it is for an indefinite period you have in general the right to vote at any Assembly election until the electoral registration officer informs you to the contrary. If it is for a particular period, your right to vote as proxy expires on the date stated on the form.

     3. When the elector applied for you to be appointed as proxy EITHER he or she was asked to state that he or she had consulted you and that you were capable of being, and willing to be, appointed as proxy OR you signed a statement stating that you were capable of being, and willing to be, appointed. You are capable of being appointed as proxy if you are at least 18 years old on polling day, a British or other Commonwealth citizen or a citizen of the Republic of Ireland, or a citizen of any other Member State of the European Union, and not for any reason disqualified from voting. If for some reason you are not capable of being, or willing to be, appointed as proxy, please write to the elector asking him to cancel the appointment.

     4. You may vote as proxy at the polling station allotted to the elector on whose behalf you are appointed. However, you may not vote as proxy - 

     -  in the case of an ordinary election, at the same regional election or at the constituency elections for the Assembly constituencies in the Assembly electoral region for which the regional election is held, or

     -  in any other case, at the same election

for more than two electors of whom you are not the husband, wife, parent, grandparent, brother, sister, child or grandchild.

     5. Shortly before polling day you will be sent a proxy poll card telling you where the polling station is. You do not need to take either the poll card or this proxy paper to the polling station but it will be helpful to do so. Remember that the elector may still vote in person. If he or she applies for a ballot paper at the polling station before you do you will not be able to vote as proxy on his or her behalf.

     6. If you cannot vote in person at the polling station the electoral registration officer may be able to allow you to vote as proxy by post.

     7. You may vote by post at an Assembly election or elections on a particular day. But the electoral registration officer cannot allow an application to vote by post at an Assembly election or elections on a particular day if he receives it after 5 pm on the sixth working day before the poll.

Papur Dirprwyo

Cynulliad Cenedlaethol Cymru

Etholaeth:


Rhanbarth Etholiadol:


Dosbarth Pleidleisio:


Enw'r Dirprwy:


Cyfeiriad:


Penodir yr uchod drwy hyn yn ddirprwy dros:



(Enw'r etholwr(aig)):




sy'n gymwys i'w gofrestru/chofrestru ar gyfer:

(Cyfeiriad Cymhwyso):




i bleidleisio drosto/drosti yn

*yr etholiad(au) i'r Cynulliad ar gyfer yr [*etholaethl [*a'r] [*rhanbarth etholiadol] uchod ar (dyddiad)




*mewn unrhyw etholiad i'r Cynulliad ar gyfer yr etholaeth a'r rhanbarth etholiadol uchod.

[*Nid yw'r penodiad dirprwy hwn yn ddilys tan
]

Llofnod:


Swyddog Cofrestru Etholiadol:


Cyfeiriad:








Dyddiad:


Cynulliad Cenedlaethol Cymru

Eich Hawl I Bleidleisio Fel Dirprwy

     1. Rhydd y papur dirprwy hwn hawl i chi bleidleisio fel dirprwy, mewn etholiad i'r Cynulliad neu etholiadau i'r Cynulliad yn unig, dros yr etholwr(aig) a enwir uchod.

     2. Gall eich penodiad fel dirprwy fod ar gyfer etholiad i'r Cynulliad neu etholiadau i'r Cynulliad ar ddiwrnod penodol neu fe all fod am gyfnod amhendant. Os yw ar gyfer etholiad neu etholiadau ar ddiwrnod penodol, mae gennych hawl i bleidleisio yn yr etholiad neu'r etholiadau a bennir yn y papur dirprwyo yn unig. Os yw am gyfnod amhendant, yn gyffredinol mae gennych hawl i bleidleisio mewn unrhyw etholiad i'r Cynulliad nes bod y swyddog cofrestru etholiadol yn eich hysbysu i'r gwrthwyneb.

     3. Pan wnaeth yr etholwr(aig) gais i chi gael eich penodi yn ddirprwy, NAILL AI gofynnwyd iddo/iddi ddatgan iddo/iddi ymgynghori â chi a'ch bod yn gymwys i fod yn ddirprwy ac yn fodlon cael eich penodi NEU bu i chi lofnodi datganiad eich bod yn gymwys i fod yn ddirprwy ac yn fodlon cael eich penodi. Yr ydych yn gymwys i'ch penodi yn ddirprwy os ydych yn 18 oed o leiaf ar y dyddiad pleidleisio, yn ddinesydd Prydeinig neu'n ddinesydd un arall o wledydd y Gymanwlad neu'n ddinesydd Gweriniaeth Iwerddon, neu'n ddinesydd unrhyw un arall o Aelod-Wladwriaethau'r Undeb Ewropeaidd, a heb eich gwahardd rhag pleidleisio am unrhyw reswm. Os nad ydych, am unrhyw reswm, yn gallu bod yn ddirprwy, neu os ydych yn anfodlon cael eich penodi yn ddirprwy, byddwch cystal ag ysgrifennu at yr etholwr(aig) gan ofyn iddo/iddi ddileu'r penodiad.

     4. Cewch bleidleisio fel dirprwy yn yr orsaf bleidleisio a bennwyd i'r etholwr(aig) y penodwyd chi drosto/drosti. Er hynny, ni chewch bleidleisio fel dirprwy - 

ar ran dau neu fwy o etholwyr nad ydych yn wcircr, gwraig, rhiant, tad-cu neu fam-gu (taid neu nain), brawd, chwaer, plentyn, wyr neu wyres iddynt.

     5. Ychydig cyn y dyddiad pleidleisio anfonir cerdyn pleidleisio dirprwy atoch yn dweud lle mae'r orsaf bleidleisio. Nid oes angen i chi fynd a'r cerdyn pleidleisio na'r papur dirprwy hwn gyda chi i'r orsaf bleidleisio, ond bydd o gymorth i chi wneud hynny. Cofiwch y caiff yr etholwr(aig) ddal i bleidleisio yn bersonol. Os bydd iddo/iddi wneud cais am bapur pleidleisio yn yr orsaf bleidleisio cyn i chi wneud hynny, ni allwch bleidleisio fel dirprwy drosto/drosti.

     6. Os na allwch bleidleisio yn bersonol yn yr orsaf bleidleisio, hwyrach y gall y swyddog cofrestru etholiadol ganiatau i chi bleidleisio fel dirprwy drwy'r post.

     7. Cewch bleidleisio drwy'r post mewn etholiad neu etholiadau i'r Cynulliad ar ddiwrnod penodol. Ond ni chaiff y swyddog cofrestru etholiadol ganiatau cais i bleidleisio drwy'r post mewn etholiad neu etholiadau i'r Cynulliad ar ddiwrnod penodol os daw i law ar ôl 5pm ar y chweched diwrnod gwaith cyn y bleidlais.

Form of certificate of employment

Paragraph 13

National Assembly for Wales

Election in the





*Constituency *and *Electoral Region

I certify that (name)
who is numbered.
in the register of electors for the constituency/electoral region named above, cannot reasonably be expected to go in person to the polling station allotted to him or her at the election on (date of poll)
by reason of the particular circumstances of his employment on that date for a purpose connected with the election.

*Delete whichever is inapplicable *(a) as a constable

*(b) by me.

Signature:


*Returning Officer/* Police Officer (Inspector or above)

Date:



Note - The person named above is entitled to vote at any polling station of the above constituency on production and surrender of this certificate to the presiding officer.

Cynulliad Cenedlaethol Cymru Etholiad Yn
*Etholaeth *A *Rhanbarth Etholiadol               


Yr wyf yn ardystio nad oes disgwyl i (enw)
sydd wedi ei r(h)ifo
yng nghofrestr yr etholwyr ar gyfer yr etholaeth/rhanbarth etholiadol a enwyd uchod, fynd yn bersonol i'r orsaf bleidleisio a bennwyd ar ei gyfer/chyfer yn yr etholiad ar (dyddiad y bleidlais)
oherwydd amgylchiadau neilltuol ei gyflogaeth/chyflogaeth ar y dyddiad hwnnw at bwrpas sy'n gysylltiedig a'r etholiad.

*Dileer pa un bynnag sy'n anghymwys *(a) fel cwnstabl

*(b) gennyf fi

Llofnod:


*Swyddog Canlyniadau/*Swyddog Heddlu (Arolygydd neu'n uwch)

Dyddiad:



Nodyn - Mae gan y person a enwyd uchod hawl i bleidleisio mewn unrhyw orsaf bleidleisio yn yr etholaeth uchod ar yr amod ei fod/bod yn dangos ac yn ildio'r dystysgrif hon i'r swyddog llywyddu.



SCHEDULE 3


Issue and Receipt of Postal Ballot Papers


Article 14(3)

Arrangement of Paragraphs

1. Interpretation.
2. Combination of polls.
3. Form of declaration of identity.
4. Regional elections.
5. Persons entitlted to be present at proceedings on issue of postal ballot papers.
6. Persons entitled to be present at proceedings on receipt of postal ballot papers.
7. Notification of requirement of secrecy.
8. Time when postal ballot papers are to be issued.
9. Marking of postal ballot papers etc.
10. Refusal to issue postal ballot paper.
11. Envelopes.
12. Delivery of postal ballot papers.
13. Sealing up of special lists and counterfoils.
14. Spoilt postal ballot paper.
15. Lost postal ballot papers.
16. Notice of opening of postal ballot paper envelopes.
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.

APPENDIX OF FORMS
Form of declaration of identity referred to in paragraph 3(a).
Form of declaration of identity referred to in paragraph 3(b).
Form of declaration of identity referred to in paragraph 3(c).
Form of declaration of identity referred to in paragraph 3(d).
Form of declaration of identity referred to in paragraph 3(e).
Form of statement as to postal ballot papers.
Interpretation
    
1. -  For the purposes of this Schedule, unless the context requires otherwise  - 

ISSUE OF POSTAL BALLOT PAPERS

Combination of polls
    
2. Where the polls at elections are taken together under article 15(1) or (2) the proceedings on the issue and receipt of postal ballot papers in respect of each election may, if the returning officers agree, be taken together.

Form of declaration of identity
    
3. The declaration of identity sent with the postal ballot paper to a postal voter shall be - 

Regional elections
    
4. At a regional election the functions connected with the issue and receipt of postal ballot papers are to be exercised in relation to each Assembly constituency in an Assembly electoral region by the returning officer for such a constituency.

Persons entitled to be present at proceedings on issue of postal ballot papers.
    
5. No person may be present at the proceedings on the issue of postal ballot papers other than the constituency returning officer and his clerks.

Persons entitled to be present at proceedings on receipt of postal ballot papers
    
6.  - (1) No person may be present at the proceedings on the receipt of postal ballot papers other than - 

    (2) Each - 

may appoint one or more agents up to the number as may be authorised by the constituency returning officer to appoint; provided, however, that the number authorised shall be the same in the case of each candidate or, as the case may be, each individual candidate and election agent for a group of party list candidates.

    (3) Notice of the appointment stating the names and addresses of the persons appointed shall be given by the candidate or election agent to the constituency returning officer before the time fixed for the issue of the postal ballot papers or the opening of the postal voters' ballot boxes, as the case may be.

    (4) Where the postal ballot papers for more than one election are issued together under paragraph 2, the constituency returning officer to whom notice shall be given under sub-paragraphs (3), (5) and (6) is the returning officer who issues the postal ballot papers.

    (5) If an agent dies or becomes incapable of acting, the candidate or election agent may appoint another agent in his place and shall forthwith give to the constituency returning officer notice in writing of the name and address of the agent appointed.

    (6) Agents may be appointed and notice of appointment given to the constituency returning officer by the election agent for a candidate who is otherwise authorised to make an appointment under sub-paragraph (2).

    (7) In this Schedule references to agents shall be taken as references to agents whose appointments have been duly made and notified and, in the case of agents appointed under sub-paragraph (2), who are within the number authorised by the constituency returning officer.

    (8) Any of the following persons, namely - 

may himself do any act or thing which any agent of his, if appointed, would have been authorised to do, or may assist his agent in doing any such act or thing.

    (9) Where in this Schedule any act or thing is required or authorised to be done in the presence of the candidates or their agents, the non-attendance of any such person at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy
    
7. The constituency returning officer shall make such arrangements as he thinks fit to ensure that every person attending the proceedings in connection with the issue or receipt of postal ballot papers has been given a copy in writing of the provisions of article 33(4) and (6).

Time when postal ballot papers are to be issued
    
8.  - (1) In the case of a person shown in the record kept under - 

no postal ballot paper (and declaration of identity) shall be issued until after 5 pm on the eleventh day before the date of the poll (computed in accordance with paragraph 6(4) of Schedule 2).

    (2) In the case of any other person, the postal ballot paper (and declaration of identity) shall be issued by the constituency returning officer as soon as practicable after the registration officer has granted the application to vote by post.

Marking of postal ballot papers etc
    
9.  - (1) Each postal ballot paper issued shall be stamped with the official mark and the name and number of the elector as stated in the register shall be called out, and such number shall be marked on the counterfoil, and a mark shall be placed in the absent voters list or the list of postal proxies against the number of the elector to denote that a ballot paper has been issued to the elector or his proxy but without showing the particular ballot paper issued.

    (2) The number of a postal ballot paper shall be marked on the declaration of identity sent with that paper.

    (3) Where postal ballot papers for more than one election are issued together at an ordinary election or under paragraph 2 - 

    (4) Where the poll - 

is taken with the poll at another election under article 15(1) or (2) but the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2, the colour of the postal ballot paper (or colours of the postal ballot papers) shall also be marked on the declaration of identity sent with that paper.

Refusal to issue postal ballot paper
    
10. Where a constituency returning officer is satisfied that two or more entries in either the absent voters list, or the list of postal proxies or in each of those lists relate to the same elector he shall not issue more than one ballot paper in respect of the same elector in respect of the same Assembly election.

Envelopes
    
11.  - (1) The envelope which the constituency returning officer is required by paragraph 30 of Schedule 5 to send to a postal voter for the return of the postal ballot paper or, as the case may be, ballot papers and the declaration of identity (referred to as a 'covering envelope') shall be marked with the letter 'B'.

    (2) In addition to the documents referred to in sub-paragraph (1), the constituency returning officer shall send to a postal voter a smaller envelope (referred to as a 'ballot paper envelope') which shall be marked with - 

    (3) Where the poll at an Assembly election is taken together with the poll at another election under article 15(1) or (2) but the proceedings on the issue and receipt of postal ballot papers are not to be taken together under paragraph 2 - 

Delivery of postal ballot papers
    
12.  - (1) For the purposes of delivering postal ballot papers, the constituency returning officer may use - 

    (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.

    (3) Postage shall be prepaid on envelopes addressed to the postal voters (except where paragraph (1)(c) applies).

    (4) Return postage shall be prepaid on all covering envelopes where the address provided by the postal voter for the receipt of the postal ballot paper is within the United Kingdom.

Sealing up of special lists and counterfoils
    
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.

Spoilt postal ballot paper
    
14.  - (1) If a postal voter has inadvertently dealt with a postal ballot paper of his in such manner that it cannot be conveniently used as a ballot paper (referred to as 'a spoilt postal ballot paper') he may return (either by hand or by post) to the constituency returning officer the spoilt postal ballot paper, the declaration of identity, the ballot paper envelope and the covering envelope.

    (2) Where postal ballot papers for more than one election have been issued together at an ordinary election or under paragraph 2, the postal voter shall, if he exercises the entitlement conferred by sub-paragraph (1), return all of the ballot papers so issued, whether spoilt or not.

    (3) On receipt of the documents referred to in sub-paragraphs (1) and, where applicable, (2) the constituency returning officer shall issue another postal ballot paper or, as the case may be, ballot papers except where those documents are received after 5 pm on the day before the day of the poll.

    (4) Paragraphs 9 to 13 shall apply to the issue of postal ballot papers under sub-paragraph (3).

    (5) The spoilt postal ballot paper, and any other postal ballot paper issued with it and in the case of an ordinary election or under paragraph 2, the declaration of identity and the ballot paper envelope, shall be immediately cancelled.

    (6) The constituency returning officer, as soon as practicable after cancelling those documents, shall make up those documents in a separate packet and shall seal the packet; and if on any subsequent occasion documents are cancelled as mentioned above, the sealed packet shall be opened and the additional cancelled documents included in it and the packet shall then be again made up and sealed.

    (7) Where a postal voter applies in person, the constituency returning officer may hand a replacement postal ballot paper to him instead of delivering it in accordance with paragraph 12.

    (8) The constituency returning officer shall enter in a list kept for the purpose ("the list of spoilt postal ballot papers") - 

Lost postal ballot papers
    
15.  - (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 pm on the day before the day of the poll and the constituency returning officer - 

he shall issue another postal ballot paper or, as the case may be, postal ballot papers.

    (4) The constituency returning officer shall enter in a list kept for the purpose ("the list of lost postal ballot papers") - 

    (5) Paragraphs 9 to 13 shall apply to the issue of postal ballot papers under sub-paragraph (3).

    (6) Where a postal voter applies in person, the constituency returning officer may hand a replacement ballot paper to him instead of delivering it in accordance with paragraph 12.

    (7) Where the constituency returning officer issues another ballot paper, or as the case may be, postal ballot papers under sub-paragraph (3), the lost ballot paper shall be void and of no effect.

Notice of opening of postal ballot paper envelopes
    
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 - 

    (2) Such a notice shall specify - 

Postal ballot boxes and receptacles
    
17.  - (1) The constituency returning officer shall provide a separate ballot box for the reception of - 

    (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.

    (3) The postal ballot box shall be shown to the agents present on the occasion of opening the first postal voters' ballot box as being empty.

    (4) The constituency returning officer shall then lock the ballot box and apply his seal in such manner as to prevent its being opened without breaking the seal; any of the agents present who wish to add their seals may then do likewise.

    (5) The constituency returning officer shall provide the following receptacles - 

    (6) The constituency returning officer shall take proper precautions for the safe custody of every ballot box and receptacle referred to in this paragraph.

Receipt of covering envelope
    
18.  - (1) The constituency returning officer shall, immediately on receipt (whether by hand or by post) of a covering envelope (or an envelope which is stated to include a postal vote) before the close of the poll, place it unopened in a postal voters' ballot box.

    (2) Where an envelope, other than a covering envelope issued by the constituency returning officer - 

the first-mentioned envelope together with its contents, shall be placed in a postal voters' ballot box.

Opening of postal voters' ballot box
    
19.  - (1) Each postal voters' ballot box shall be opened by the constituency returning officer in the presence of any agents, if in attendance.

    (2) So long as the constituency returning officer ensures that there is at least one sealed postal voters' ballot box for the reception of covering envelopes up to the time of the close of the poll, the other postal voters' ballot boxes may previously be opened by him.

    (3) The last postal voters' ballot box and the postal ballot box shall be opened at the counting of the votes under paragraph 50 of Schedule 5.

Opening of covering envelopes
    
20.  - (1) When a postal voters' ballot box is opened, the constituency returning officer shall count and record the number of covering envelopes, and shall then open each covering envelope (including any envelope described in paragraph 18(2)) separately.

    (2) The procedure in paragraph 21 applies where a covering envelope (including an envelope to which paragraph 18(2) applies) contains both - 

    (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.

    (4) Where a covering envelope does not contain both - 

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.

Procedure in relation to declarations of identity
    
21.  - (1) The constituency returning officer shall satisfy himself that the declaration of identity has been duly signed by the voter and authenticated by a witness who has signed the declaration and given his name and address (referred to as a "valid declaration of identity").

    (2) Where the constituency returning officer is not so satisfied, he shall mark the declaration "rejected", attach to it the ballot paper envelope, or if there is no such envelope, the ballot paper (or ballot papers), and, subject to sub-paragraph (3), place it in the receptacle for rejected votes.

    (3) Before placing the declaration in the receptacle for rejected votes, the constituency returning officer shall show it to the agents and, if any of them object to his decision, he shall add the words "rejection objected to".

    (4) The constituency returning officer shall then compare the number (or numbers) on the declaration of identity against the number (or numbers) on the ballot paper envelope and, where they are the same, he shall place the declaration and the ballot paper envelope respectively in the receptacle for declarations of identity and the receptacle for ballot paper envelopes.

    (5) Where there is a valid declaration of identity but no ballot paper envelope, or where the envelope has been opened under paragraph 20(3), he shall place - 

    (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.

    (7) Where an envelope has been opened under paragraph 20(3) or sub-paragraph (6), the constituency returning officer shall - 

Opening of ballot paper envelopes
    
22.  - (1) The constituency returning officer shall open separately each ballot paper envelope placed in the receptacle for ballot paper envelopes.

    (2) He shall place - 

Lists of rejected postal ballot papers
    
23.  - (1) In respect of any election, the constituency returning officer shall keep two separate lists of rejected postal ballot papers.

    (2) In the first list, he shall record the ballot paper number of any postal ballot paper for which no valid declaration of identity was received with it.

    (3) In the second list, he shall record the ballot paper number of any postal ballot paper which is entered on a valid declaration of identity where that ballot paper is not received with the declaration of identity.

Checking of lists kept under paragraph 23
    
24.  - (1) Where the constituency returning officer receives a valid declaration of identity without the postal ballot paper (or papers or, as the case may be, all of the papers) to which it relates, he may, at any time prior to the close of the poll, check the list referred to in paragraph 23(2) to see whether the number (or numbers) of a postal ballot paper to which the declaration relates is entered in that list.

    (2) Where the constituency returning officer receives a postal ballot paper without the declaration of identity to which it relates, he may, at any time prior to the close of the poll, check the list referred to in paragraph 23(3) to see whether the number of that ballot paper is entered in that list.

    (3) The constituency returning officer shall conduct the checks required by sub-paragraphs (1) and (2) as soon as practicable after the receipt of packets from every polling station in the constituency or, as the case may be, electoral area under paragraph 48 of Schedule 5.

    (4) Where the ballot paper number in the list matches that number on a valid declaration of identity or, as the case may be, the postal ballot paper, the constituency returning officer shall retrieve that declaration or paper.

    (5) The constituency returning officer shall then take the appropriate steps under this Schedule as though any document earlier marked "provisionally rejected" had not been so marked and shall amend the document accordingly.

Sealing of receptacles
    
25.  - (1) As soon as practicable after the completion of the procedure under paragraph 24(3) and (4), the constituency returning officer shall make up into separate packets the contents of - 

and shall seal up such packets.

    (2) Any document in those packets marked "provisionally rejected" shall be deemed to be marked "rejected".

Abandoned poll
    
26.  - (1) Where a poll is abandoned or countermanded after postal ballot papers have been issued, by reason of the death of a candidate, the constituency returning officer - 

    (2) Sub-paragraph (1) shall not apply where postal ballot papers for more than one election have been issued together under paragraph 2.

Forwarding of documents
    
27.  - (1) The constituency returning officer shall forward to the Assembly at the same time as he forwards the documents mentioned in paragraph 62 of Schedule 5 - 

    (2) Where - 

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 ).

    (3) Paragraphs 61 and 62 of Schedule 5 shall apply to any packet or document forwarded under this paragraph.

    (4) A copy of the statement referred to in sub-paragraph (1)(b) shall be provided by the constituency returning officer to the Assembly.



APPENDIX OF FORMS

Form of Declaration of Identity Referred to in Paragraph 3(a)

Paragraph 3(a)

Front of form

National Assembly for Wales

Ballot paper nos:


I hereby declare that I am the person to whom the ballot papers numbered as above were sent.

Voter's signature:


The voter, who is personally known to me, has signed this declaration in my presence.

Witness's signature:


Name of witness:


(WRITE CLEARLY)

Address of witness:


(WRITE CLEARLY)




See Instructions on the Back of this Form

Back of form

Instructions to the Voter

     1. You must sign this declaration of identity in the presence of a person known to you. That person should then sign this declaration as a witness, adding his or her name and address. Without this the declaration will be invalid.

     2. You have a ballot paper for each election. You may only vote once on each ballot paper. Mark your choices with a cross (✗). Put no other mark on the ballot paper, or your vote may not be counted. Do this secretly. If you cannot vote without assistance, the person assisting you must not disclose how you have voted.

     3. Put the ballot papers in the small envelope marked 'A' and seal it. Then put the envelope marked 'A', together with the declaration of identity, in the larger envelope marked 'B'. Return it without delay. The ballot papers, in order to be counted, must be received by the returning officer not later than the close of the poll. Alternatively, they may be delivered to a polling station in this constituency before the close of the poll.

     4. If you receive more than one ballot paper for the same election, remember that it is illegal to vote more than once (otherwise than as proxy) at the same election.

     5. At these elections you cannot vote in person at a polling station, even if you receive an official poll card.

     6. If you inadvertently spoil any postal ballot paper, you can apply to the returning officer for a new one. If you do this you MUST RETURN ALL OF THE POSTAL BALLOT PAPERS YOU HAVE RECEIVED, together with the spoilt ballot paper. In addition, in your application for fresh postal ballot papers you MUST RETURN in your own envelope, the declaration of identity and the envelopes marked 'A' and 'B'. Remember that there is little time available if fresh postal ballot papers are to be issued and counted.

Wyneb y ffurflen

Cynulliad Cenedlaethol Cymru

Rhif au'r papurau pleidleisio


Yr wyf drwy hyn yn datgan mai fi yw'r person yr anfonwyd iddo/iddi'r papurau pleidleisio a'r Rhif au uchod.

Llofnod y pleidleisiwr:


Mae'r pleidleisiwr, a adnabyddir gennyf yn bersonol, wedi llofnodi'r datganiad hwn yn fy mhresenoldeb.

Llofnod y tyst:


Enw'r tyst:


Cyfeiriad y tyst:




(YSGRIFENNWCH YN GLIR)





Gweler y Cyfarwyddiadau ar Gefn y Ffurflen Hon

Cyfarwyddiadau I'r Pleidleisiwr

     1. Rhaid i chi lofnodi'r datganiad hwn ynglycircn ag adnabyddiaeth ym mhresenoldeb person sy'n adnabyddus i chi. Dylai'r person hwnnw lofnodi'r datganiad hwn fel tyst, gan ychwanegu ei (h)enw a'i gyfeiriad/chyfeiriad. Heb hynny bydd y datganiad yn annilys.

     2. Bydd gennych bapur pleidleisio ar gyfer y ddau etholiad. Cewch bleidleisio unwaith yn unig ar bob papur pleidleisio. Marciwch eich dewisiadau a chroes (✗). Peidiwch a rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif. Gwnewch hyn yn gyfrinachol. Os na allwch bleidleisio heb gymorth, rhaid i'r person sy'n eich cynorthwyo beidio a datgelu sut y gwnaethoch bleidleisio.Yn ôl eich dewis yn lle hynny, gellir eu trosglwyddo i orsaf bleidleisio yn yr etholaeth yma cyn i'r pleidleisio ddod i ben.

     3. Rhowch y papurau pleidleisio yn yr amlen fach sydd wedi'i marcio ag 'A' a'i selio. Yna rhowch yr amlen a farciwyd ag 'A', ynghyd a'r datganiad ynglyn ag adnabyddiaeth, yn yr amlen fwyaf sydd wedi'i marcio â 'B'. Dychwelwch hi ar unwaith. Er mwyn cael ei gyfrig rhaid i'r papurau pleidleisio gyrraedd y swyddog canlyniadau cyn i'r pleidleisio ddod i ben.

     4. Os cewch fwy nag un papur pleidleisio ar gyfer yr un etholiad, cofiwch ei bod yn anghyfreithlon pleidleisio fwy nag unwaith (ac eithrio fel dirprwy) yn yr un etholiad.

     5. Yn yr etholiadau hyn, ni allwch bleidleisio'n bersonol mewn gorsaf bleidleisio, hyd yn oed os cewch gerdyn pleidleisio swyddogol.

     6. Os bydd i chi drwy amryfusedd ddifetha unrhyw bapur pleidleisio drwy'r post, gallwch wneud cais i'r swyddog canlyniadau am un newydd. Os gwnewch hynny, RHAID I CHI DDYCHWELYD POB PAPUR PLEIDLEISIO DRWY'R POST YR YDYCH WEDI'I DDERBYN, ynghyd a'r papur pleidleisio a ddifethwyd. Yn ychwanegol, yn eich cais am bapurau pleidleisio newydd drwy'r post RHAID I CHI DDYCHWELYD yn eich amlen eich hun, y datganiad ynglyn ag adnabyddiaeth a'r amlenni a farciwyd ag 'A' a 'B'. Cofiwch nad oes fawr o amser ar gael os yw papurau pleidleisio newydd i gael eu dosbarthu a'u cyfrif.

Form of Declaration of Identity Referred to in Paragraph 3(b)

Paragraph 3(b)

Front of form

National Assembly for Wales

Ballot paper no:


I hereby declare that I am the person to whom the ballot paper numbered as above was sent.

Voter's signature:


The voter, who is personally known to me, has signed this declaration in my presence.

Witness's signature:


Name of witness:


(WRITE CLEARLY)

Address of witness:


(WRITE CLEARLY)


See Instructions on the Back of this Form

Back of form

Instructions to the Voter

     1. You must sign this declaration of identity in the presence of a person known to you. That person should then sign this declaration as a witness, adding his or her name and address. Without this the declaration will be invalid.

     2. You may only vote once on the ballot paper. Mark your choice with a cross (✗). Put no other mark on the ballot paper, or your vote may not be counted. Do this secretly. If you cannot vote without assistance, the person assisting you must not disclose how you have voted.

     3. Put the ballot paper in the small envelope marked 'A' and seal it. Then put the envelope marked 'A', together with the declaration of identity, in the larger envelope marked 'B'. Return it without delay. The ballot paper, in order to be counted, must be received by the returning officer not later than the close of the poll. Alternatively, it may be delivered to a polling station in this constituency before the close of the poll.

     4. If you receive more than one ballot paper, remember that it is illegal to vote more than once (otherwise than as proxy) at the same election.

     5. At this election you cannot vote in person at a polling station, even if you receive an official poll card.

     6. If you inadvertently spoil your postal ballot paper, you can apply to the returning officer for a new one. With your application you must return, in your own envelope, the spoilt ballot paper, the declaration of identity and the envelopes marked 'A' and 'B'. Remember that there is little time available if a fresh postal ballot paper is to be issued and counted.

Wyneb y ffurflen

Cynulliad Cenedlaethol Cymru



Yr wyf drwy hyn yn datgan mai fi yw'r person yr anfonwyd iddo/iddi'r papur pleidleisio a'r Rhif uchod.

Llofnod y pleidleisiwr:




Mae'r pleidleisiwr, a adnabyddir gennyf yn bersonol, wedi llofnodi'r datganiad hwn yn fy mhresenoldeb.

Enw'r tyst:







Gweler y Cyfarwyddiadau Ar Gefn Y Ffurflen Hon

Cefn y ffurflen

Cyfarwyddiadau I'r Pleidleisiwr

     1. Rhaid i chi lofnodi'r datganiad hwn ynglycircn ag adnabyddiaeth ym mhresenoldeb person sy'n adnabyddus i chi. Dylai'r person hwnnw lofnodi'r datganiad hwn fel tyst, gan ychwanegu ei (h)enw a'i gyfeiriad/chyfeiriad. Heb hynny bydd y datganiad yn annilys.

     2. Cewch bleidleisio unwaith yn unig ar y papur pleidleisio. Marciwch eich dewis a chroes (✗). Peidiwch a rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif. Gwnewch hyn yn gyfrinachol. Os na allwch bleidleisio heb gymorth, rhaid i'r person sy'n eich cynorthwyo beidio a datgelu sut y gwnaethoch bleidleisio.

     3. Rhowch y papur pleidleisio yn yr amlen fach a farciwyd ag 'A' a'i selio. Yna rhowch yr amlen a farciwyd ag 'A' ynghyd a'r datganiad ynglycircn ag adnabyddiaeth yn yr amlen fwyaf a farciwyd a 'B'. Dychwelwch hi ar unwaith. Er mwyn cael ei gyfrif, rhaid i'r papur pleidleisio gyrraedd y swyddog canlyniadau cyn i'r pleidleisio ddod i ben. Yn ôl eich dewis yn lle hynny, gellir eu trosglwyddo i orsaf bleidleisio yn yr etholaeth yma cyn i'r pleidleisio ddod i ben.

     4. Os cewch fwy nag un papur pleidleisio, cofiwch ei bod yn anghyfreithlon pleidleisio fwy nag unwaith (ac eithrio fel dirprwy) yn yr un etholiad.

     5. Yn yr etholiad hwn, ni allwch bleidleisio'n bersonol mewn gorsaf bleidleisio, hyd yn oed os cewch gerdyn pleidleisio swyddogol.

     6. Os bydd i chi drwy amryfusedd ddifetha'ch papur pleidleisio drwy'r post, gallwch wneud cais i'r swyddog canlyniadau am un newydd. Gyda'ch cais rhaid i chi ddychwelyd, yn eich amlen eich hun, y papur pleidleisio a ddifethwyd, y datganiad ynglycircn ag adnabyddiaeth a'r amlenni a farciwyd ag 'A' a 'B'. Cofiwch nad oes fawr o amser ar gael os yw papur pleidleisio newydd i gael ei ddosbarthu a'i gyfrif.

Form of Declaration of Identity Referred to in Paragraph 3(c)

Paragraph 3(c)

Front of form

National Assembly for Wales

Ballot paper nos:


I hereby declare that I am the person to whom the ballot papers numbered as above were sent.

Voter's signature:


The voter, who is personally known to me, has signed this declaration in my presence.

Witness's signature:


Name of witness:


(WRITE CLEARLY)

Address of witness:


(WRITE CLEARLY)




See Instructions on the Back of this Form

Back of form

Instructions to the Voter

     1. You must sign this declaration of identity in the presence of a person known to you. That person should then sign this declaration as a witness, adding his or her name and address. Without this the declaration will be invalid.

     2. You have a ballot paper for each election. The ballot paper tells you how many times you may vote on that paper. Do not vote for more than that number.

     3. Mark your choices with a cross (✗). Put no other mark on the ballot paper, or your vote may not be counted. Do this secretly. If you cannot vote without assistance, the person assisting you must not disclose how you have voted.

     4. Put the ballot papers in the small envelope marked 'A' and seal it. Then put the envelope marked 'A', together with the declaration of identity, in the larger envelope marked 'B'. Return it without delay. The ballot papers, in order to be counted, must be received by the returning officer not later than the close of the poll. Alternatively, they may be delivered to a polling station in this constituency before the close of the poll.

     5. If you receive more than one ballot paper for the same election, remember that it is illegal to vote more than once (otherwise than as proxy) at the same election.

     6. At these elections you cannot vote in person at a polling station, even if you receive an official poll card.

     7. If you inadvertently spoil any postal ballot paper, you can apply to the returning officer for a new one. If you do this you MUST RETURN ALL OF THE POSTAL BALLOT PAPERS YOU HAVE RECEIVED, together with the spoilt ballot paper. In addition, in your application for fresh postal ballot papers you MUST RETURN in your own envelope, the declaration of identity and the envelopes marked 'A' and 'B'. Remember that there is little time available if fresh postal ballot papers are to be issued and counted.

Wyneb y ffurfien

Cynulliad Cenedlaethol Cymru

Deddfau Cynrychiolaeth Y Bobl



Yr wyf drwy hyn yn datgan mai fi yw'r person yr anfonwyd iddo/iddi'r papurau pleidleisio a'r Rhif uchod.

Llofnod y pleidleisiwr:




Mae'r pleidleisiwr, a adnabyddir gennyf yn bersonol, wedi llofnodi'r datganiad hwn yn fy mhresenoldeb.

Enw'r tyst:




(YSGRIFENNWCH YN GLIR)

Cyfeiriad y tyst:


(YSGRIFENNWCH YN GLIR)







Gweler Y Cyfarwyddiadau Ar Gefn Y Ffurflen Hon

Cefn y ffurfien

Cyfarwyddiadau I'r Pleidleisiwr

     1. Rhaid i chi lofnodi'r datganiad hwn ynglycircn ag adnabyddiaeth ym mhresenoldeb person sy'n adnabyddus i chi. Dylai'r person hwnnw lofnodi'r datganiad hwn fel tyst, gan ychwanegu ei (h)enw a'i gyfeiriad/chyfeiriad. Heb hynny bydd y datganiad yn annilys.

     2. Bydd gennych bapur pleidleisio ar gyfer pob etholiad. Mae'r papur pleidleisio'n dweud wrthych sawl gwaith y cewch bleidleisio ar y papur hwnnw. Peidiwch a phleidleisio dros fwy na'r nifer hwnnw.

     3. Marciwch eich dewisiadau a chroes (✗). Peidiwch a rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif. Gwnewch hyn yn gyfrinachol. Os na allwch bleidleisio heb gymorth, rhaid i'r person sy'n eich cynorthwyo beidio a datgelu sut y gwnaethoch bleidleisio.

     4. Rhowch y papurau pleidleisio yn yr amlen fach a farciwyd ag 'A' a'i selio. Yna rhowch yr amlen a farciwyd ag 'A' ynghyd a'r datganiad ynglyn ag adnabyddiaeth yn yr amlen fwyaf a farciwyd a 'B'. Dychwelwch hi ar unwaith. Er mwyn cael eu cyfrif, rhaid i'r papurau pleidleisio gyrraedd y swyddog canlyniadau cyn i'r pleidleisio ddod i ben. Yn ôl eich dewis yn lle hynny, gellir eu trosglwyddo i orsaf bleidleisio cyn i'r pleidleisio ddod i ben.

     5. Os cewch fwy nag un papur pleidleisio ar gyfer yr un etholiad, cofiwch ei bod yn anghyfreithlon pleidleisio fwy nag unwaith (ac eithrio fel dirprwy) yn yr un etholiad.

     6. Yn yr etholiadau hyn, ni allwch bleidleisio'n bersonol mewn gorsaf bleidleisio, hyd yn oed os cewch gerdyn pleidleisio swyddogol.

     7. Os bydd i chi drwy amryfusedd ddifetha unrhyw bapur pleidleisio drwy'r post, gallwch wneud cais i'r swyddog canlyniadau am un newydd. Os gwnewch hynny, RHAID I CHI DDYCHWELYD POB PAPUR PLEIDLEISIO DRWY'R POST YR YDYCH WEDI'I DDERBYN, ynghyd a'r papur pleidleisio a ddifethwyd. Yn ychwanegol, yn eich cais am bapurau pleidleisio newydd drwy'r post RHAID I CHI DDYCHWELYD yn eich amlen eich hun, y datganiad ynglycircn ag adnabyddiaeth a'r amlenni a farciwyd ag 'A' a 'B'. Cofiwch nad oes fawr o amser ar gael os yw papurau pleidleisio newydd i gael eu dosbarthu a'u cyfrif.

Form of Declaration of Identity Referred to in Paragraph 3(d)

Paragraph 3(d)

Front of form

National Assembly for Wales

To be returned with the [insert colours of ballot papers] coloured ballot papers.

[Insert colours of ballot papers] coloured ballot papers nos:


I hereby declare that I am the person to whom the [insert colours of ballot papers] coloured ballot papers numbered as above were sent.

Voter's signature:


The voter, who is personally known to me, has signed this declaration in my presence.

Witness's signature:


Name of witness:


(WRITE CLEARLY)

Address of witness:

(WRITE CLEARLY)







See Instructions on the Back of this Form

Back of form

Instructions to the Voter

     1. This declaration of identity relates to the ballot papers for the Assembly elections only. You must sign this declaration of identity in the presence of a person known to you. You are required to do this even if you have already signed a similar declaration of identity in respect of another election to be held on the same day. The person known to you should then sign this declaration as a witness, adding his or her name and address. Without this the declaration will be invalid.

     2. You have 2 ballot papers, one for the Assembly constituency election, the other for the Assembly electoral region election. You may vote once only on each ballot paper. Mark your choices with a cross. Do not vote more than once on either ballot paper or your vote may not be counted. Do this secretly. If you cannot vote without assistance, the person assisting you must not disclose how you have voted.

     3. The ballot papers coloured [insert colours] are used for the Assembly elections. The ballot paper coloured [insert colour] is used for the [insert description of other election]. There is one smaller envelope marked "A" in which the Assembly elections ballot papers are to be inserted and another envelope marked "A" in which the ballot paper for the [insert description of other election] is to be inserted. Accompanying each envelope marked "A" is a declaration of identity and covering envelope (the larger envelope marked 'B'). The covering envelope and declaration of identity for a particular ballot paper are those which refer to the colour of that ballot paper. It is important that you use the correct envelopes and declaration of identity, otherwise your vote may not be counted. You may find it helpful to sort the documents into separate sets, consisting of ballot papers, ballot paper envelopes, declarations of identity and covering envelopes. Then proceed as follows - 

     4. You should receive one ballot paper for the constituency election and one for the electoral region election and a ballot paper for the [insert description of other election]. If you receive any more relating to these elections remember that it is illegal to vote more than once (otherwise than as proxy) at any of them.

     5. At these Assembly elections you cannot vote in person at a polling station, even if you receive an official poll card.

     6. If you inadvertently spoil an Assembly election postal ballot paper, you can apply to the returning officer for a new one. With your application you must return, in your own envelope, the spoilt ballot paper, the other Assembly ballot paper, the declaration of identity and the envelopes marked 'A' and 'B'. Remember that there is little time available if fresh postal ballot papers are to be issued and counted.

Wyneb y ffurflen

Cynulliad Cenedlaethol Cymru

I'w ddychwelyd gyda'r papurau pleidleisio lliw [nodwch liwiau'r papurau pleidleisio]

Papurau pleidleisio lliw [nodwch liwiau'r papurau pleidleisio] Rhif au:.


Yr wyf drwy hyn yn datgan mai fi yw'r person yr anfonwyd iddo/iddi'r papurau pleidleisio lliw [nodwch liwiau'r papurau pleidleisio] â'r Rhif au uchod.

Llofnod y pleidleisiwr:


Mae'r pleidleisiwr, a adnabyddir gennyf yn bersonol, wedi llofnodi'r datganiad hwn yn fy mhresenoldeb.

Enw'r tyst:




(YSGRIFENNWCH YN GLIR)

Cyfeiriad y tyst:


(YSGRIFENNWCH YN GLIR)




Gweler y Cyfarwyddiadau ar Gefn y Ffurflen

Cefn y ffurflen

Cyfarwyddiadau I'r Pleidleisiwr

     1. Mae'r datganiad hwn ynglycircn ag adnabyddiaeth yn berthnasol i'r papurau pleidleisio ar gyfer yr etholiadau i'r Cynulliad yn unig. Rhaid i chi lofnodi'r datganiad hwn ynglycircn ag adnabyddiaeth ym mhresenoldeb person sy'n adnabyddus i chi. Mae'n ofynnol i chi wneud hyn hyd yn oed os ydych wedi lloffnodi datganiad tebyg ynglyn ag adnabyddiaeth eisoes mewn perthynas ag etholiad arall a gynhelir ar yr un diwrnod. Dylai'r person a adnabyddir gennych lofnodi'r datganiad hwn fel tyst, gan ychwanegu ei (h)enw a'i gyfeiriad/chyfeiriad. Heb hynny bydd y datganiad yn annilys.

     2. Mae gennych 2 bapur pleidleisio, un ar gyfer etholiad etholaeth i'r Cynulliad, a'r llall ar gyfer etholiad rhanbarth etholiadol i'r Cynulliad. Cewch bleidleisio unwaith yn unig ar y ddau bapur pleidleisio. Marciwch eich dewisiadau â chroes ( ✗ ). Peidiwch â phleidleisio fwy nag unwaith ar y naill bapur pleidleisio neu'r Ilall neu fe all na chaiff eich pleidlais ei chyfrif. Gwnewch hyn yn gyfrinachol. Os na allwch bleidleisio heb gymorth, rhaid i'r person sy'n eich cynorthwyo beidio â datgelu sut y gwnaethoch bleidleisio.

     3. Mae'r papurau pleidleisio lliw [nodwch y lliwiau] i gael eu defnyddio ar gyfer etholiadau i'r Cynulliad. Defnyddir papur pleidleisio lliw [nodwch y Iliw] ar gyfer [rhowch ddisgrifiad o'r etholiad arall]. Ceir un amlen fach a farciwyd ag "A" y mae papurau pleidleisio etholiadau i'r Cynulliad i'w rhoi ynddi ac amlen arall a farciwyd ag "A" y mae'r papur pleidleisio ar gyfer [rhowch ddisgrifiad o'r etholiad arall] i'w roi ynddi. Gyda phob amlen a farciwyd ag "A", ceir datganiad ynglycircn ag adnabyddiaeth a phrif amlen (yr amlen fwyaf a farciwyd â 'B'). Y brif amlen a'r datganiad ynglycircn ag adnabyddiaeth ar gyfer papur pleidleisio penodol yw'r rhai sy'n cyfeirio at liw'r papur pleidleisio hwnnw. Mae'n bwysig eich bod yn defnyddio'r amlenni a'r datganiadau cywir ynglycircn ag adnabyddiaeth neu fe all na chaiff eich pleidlais ei chyfrif. Hwyrach y bydd yn ddefnyddiol i chi ddosbarthu'r dogfennau yn setiau gwahanol yn cynnwys papurau pleidleisio, amlenni papurau pleidleisio, datganiadau ynglycircn ag adnabyddiaeth a phrif amlenni. Yna, ewch ymlaen fel a ganlyn - 

Yn ôl eich dewis yn lle hynny, gellir eu trosglwyddo i orsaf bleidleisio yn yr etholaeth yma cyn i'r pleidleisio ddod i ben.

     4. Dylech gael un papur pleidleisio ar gyfer etholiad yr etholaeth, un ar gyfer etholiad y rhanbarth etholiadol a phapur pleidleisio ar gyfer [rhowch ddisgrifiad o'r etholiad arall]. Os cewch fwy nag un papur pleidleisio ar gyfer yr etholiadau hyn, cofiwch ei bod yn anghyfreithlon pleidleisio fwy nag unwaith (ac eithrio fel dirprwy) mewn unrhyw un ohonynt.

     5. Yn yr etholiadau hyn i'r Cynulliad, ni allwch bleidleisio'n bersonol mewn gorsaf bleidleisio, hyd yn oed os cewch gerdyn pleidleisio swyddogol.

     6. Os bydd i chi drwy amryfusedd ddifetha papur pleidleisio drwy'r post ar gyfer etholiad i'r Cynulliad, gallwch wneud cais i'r swyddog canlyniadau am un newydd. Gyda'ch cais, rhaid i chi ddychwelyd, yn eich amlen eich hun, y papur pleidleisio a ddifethwyd, y papur pleidleisio Cynulliad arall, y datganiad ynglyn ag adnabyddiaeth a'r amlenni a farciwyd ag 'A' a 'B'. Cofiwch nad oes fawr o amser ar gael os yw papurau pleidleisio newydd i gael eu dosbarthu a'u cyfrif.

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

Paragraph 3(e)

Front of form

National Assembly for Wales

To be returned with the [insert colour of ballot paper] coloured ballot paper.

[Insert colour of ballot paper] coloured ballot paper No:


I hereby declare that I am the person to whom the [insert colour of ballot paper] coloured ballot paper numbered as above was sent.

Voter's signature:


The voter, who is personally known to me, has signed this declaration in my presence.

Name of witness:




(WRITE CLEARLY)

Address of witness:


(WRITE CLEARLY)







See Instructions on the Back of this Form

Back of form

Instructions to the Voter

     1. This declaration of identity relates to the ballot paper for the Assembly [constituency] [electoral region] election only. You must sign this declaration of identity in the presence of a person known to you. You are required to do this even if you have already signed a similar declaration of identity in respect of another election to be held on the same day. That person known to you should then sign this declaration as a witness, adding his or her name and address. Without this the declaration will be invalid.

     2. You may vote once only on the Assembly election ballot paper. Mark your choice with a cross(✗). Put no other mark on the ballot paper, or your vote may not be counted. Do this secretly. If you cannot vote without assistance, the person assisting you must not disclose how you have voted.

     3. Different colours are used for the ballot papers for each election. The ballot paper coloured [insert colour] is used for the Assembly election. The ballot paper coloured [insert colour] is used for the [insert description of other election]. There is one smaller envelope marked "A", in which the Assembly election ballot paper is to be inserted and another envelope marked "A" in which the ballot paper for the [insert description of other election] is to be inserted. Accompanying each envelope marked "A" is a declaration of identity and covering envelope (the larger envelope marked "B"). The covering envelope and declaration of identity for a particular ballot paper are those which refer to the colour of that ballot paper. It is important that you use the correct envelopes and declaration of identity, otherwise your vote may not be counted. You may find it helpful to sort the documents into separate sets consisting of ballot papers, ballot paper envelopes, declarations of identity and covering envelopes. Then proceed as follows - 

     4. If you receive more than one ballot paper for the same election, remember that it is illegal to vote more than once (otherwise than as proxy) at the same election.

     5. At this Assembly election you cannot vote in person at a polling station, even if you receive an official poll card.

     6. If you inadvertently spoil the Assembly election postal ballot paper, you can apply to the returning officer for a new one. With your application you must return, in your own envelope, the spoilt ballot paper, the declaration of identity and the envelopes marked 'A' and 'B'. Remember that there is little time available if a fresh postal ballot paper is to be issued and counted.

Wyneb y ffurflen

Cynulliad Cenedlaethol Cymru

I'w ddychwelyd gyda'r papur pleidleisio lliw [nodwch liw'r papur pleidleisio]

Papur pleidleisio lliw [nodwch liw'r papur pleidleisio] Rhif :.


Yr wyf drwy hyn yn datgan mai fi yw'r person yr anfonwyd iddo/iddi'r papur pleidleisio lliw [nodwch liw'r papur pleidleisio] â'r Rhif uchod.

Llofnod y pleidleisiwr:


Mae'r pleidleisiwr, a adnabyddir gennyf yn bersonol, wedi llofnodi'r datganiad hwn yn fy mhresenoldeb.

Enw'r tyst:




(YSGRIFENNWCH YN GLIR)

Cyfeiriad y tyst:


(YSGRIFENNWCH YN GLIR)




Gweler y Cyfarwyddiadau ar Gefn y Ffurflen hon

Cefn y ffurflen

Cyfarwyddiadau I'r Pleidleisiwr

     1. Mae'r datganiad hwn ynglycircn ag adnabyddiaeth yn berthuasol i'r papur pleidleisio ar gyfer yr etholiad i'r Cynulliad dros [yr etholaeth] [y rhanbarth etholiadol] yn unig. Rhaid i chi lofnodi'r datganiad ynglycircn ag adnabyddiaeth ym mhresenoldeb person sy'n adnabyddus i chi. Mae'n ofynnol i chi wneud hyn hyd yn oed os ydych wedi llofnodi datganiad tebyg ynglycircn ag adnabyddiaeth eisoes mewn perthynas ag etholiad arall a gynhelir ar yr un diwrnod. Dylai'r person a adnabyddir gennych lofnodi'r datganiad hwn fel tyst, gan ychwanegu ei (h)enw a'i gyfeiriad/chyfeiriad. Heb hynny bydd y datganiad yn annilys.

     2. Cewch bleidleisio unwaith yn unig ar y papur pleidleisio ar gyfer yr etholiad i'r Cynulliad. Marciwch eich dewis â chroes ( ✗ ). Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio neu fe all na chaiff eich pleidlais ei chyfrif. Gwnewch hyn yn gyfrinachol. Os na allwch bleidleisio heb gymorth, rhaid i'r person sy'n eich cynorthwyo beidio â datgelu sut y gwnaethoch bleidleisio.

     3. Defnyddir lliwiau gwahanol ar gyfer papurau pleidleisio yn y ddau etholiad. Defnyddir papur pleidleisio lliw [nodwch y Iliw] ar gyfer yr etholiad i'r Cynulliad. Defnyddir y papur pleidleisio lliw [nodwch y lliw] ar gyfer [rhowch ddisgrifiad o'r etholiad arall]. Ceir un amlen fach a farciwyd ag "A" y mae'r papur pleidleisio ar gyfer yr etholiad i'r Cynulliad i'w roi ynddi ac amlen arall a farciwyd ag "A" y mae'r papur pleidleisio ar gyfer [rhowch ddisgrifiad o'r etholiad arall] i'w roi ynddi. Gyda phob amlen a farciwyd ag "A", ceir datganiad ynglyn ag adnabyddiaeth a phrif amlen (yr amlen fwyaf a farciwyd â 'B'). Y brifamlen a'r datganiad ynglyn ag adnabyddiaeth ar gyfer papur pleidleisio penodol yw'r rhai sy'n cyfeirio at liw y papur pleidleisio hwnnw. Mae'n bwysig eich bod yn defnyddio'r amlenni a'r datganiad cywir ynglyn ag adnabyddiaeth neu fe all na chaiff eich pleidlais ei chyfrif. Hwyrach y bydd yn ddefnyddiol i chi ddosbarthu'r dogfennau yn setiau gwahanol yn cynnwys papurau pleidleisio, amlenni papurau pleidleisio, datganiadau ynglyn ag adnabyddiaeth a phrif amlenni. Yna, ewch ymlaen fel a ganlyn - 

Yn ôl eich dewis yn lle hynny, gellir eu trosglwyddo i orsaf bleidleisio yn yr etholaeth yma cyn i'r pleidleisio ddod i ben.

     4. Os cewch fwy nag un papur pleidleisio ar gyfer yr un etholiad, cofiwch ei bod yn anghyfreithlon pleidleisio fwy nag unwaith (ac eithrio fel dirprwy) yn yr un etholiad.

     5. Yn yr etholiad hwn i'r Cynulliad, ni allwch bleidleisio'n bersonol mewn gorsaf bleidleisio, hyd yn oed os cewch gerdyn pleidleisio swyddogol.

     6. Os bydd i chi drwy amryfusedd ddifetha'r papur pleidleisio drwy'r post ar gyfer yr etholiad i'r Cynulliad, gallwch wneud cais i'r swyddog canlyniadau am un newydd. Gyda'ch cais, rhaid i chi ddychwelyd, yn eich amlen eich hun, y papur pleidleisio a ddifethwyd, y datganiad ynglyn ag adnabyddiaeth a'r amlenni a farciwyd ag 'A' a 'B'. Cofiwch nad oes fawr o amser ar gael os yw papur pleidleisio newydd i gael ei ddosbarthu a'i gyfrif.

Statement as to Postal Ballot Papers

Paragraph 21(1)(b)

National Assembly for Wales

Assembly Election(s)

Constituency:


Electoral Region (and, where there is no constituency poll, the name of the

Assembly Constituency to which the statement relates):


Date of poll(s)


A Issue of postal ballot papers Number for Constituency Number for Electoral Region
1 Total number of postal ballot papers issued under paragraph 8 of Schedule 3          
2 Total number of postal ballot papers issued under paragraph 14 of Schedule 3 (where the first ballot paper was spoilt and returned for cancellation)          
3 Total number of postal ballot papers issued (1 + 2)          

B Receipt of postal ballot papers Number for Constituency Number for Electoral Region
4 Number of covering envelopes received by the returning officer or at a polling station before the close of poll (excluding any undelivered or returned under paragraph 14(1) of Schedule 3 with spoilt ballot papers)          
5 Number of covering envelopes received by the returning officer after the close of poll, excluding any returned as undelivered          
6 Number of postal ballot papers returned spoilt for cancellation in time for another ballot paper to be issued.          
7 Number of postal ballot papers returned as spoilt too late for another ballot paper to be issued          
8 Number of covering envelopes returned as undelivered (up to the date of this statement)          
9 Number of covering envelopes not received by the returning officer by the date of this statement          
10 Total Nos 4 to 9 (This number should be the same as that in 3 above)          

C Count of postal ballot papers Number for Constituency Number for Electoral Region
11 Number of covering envelopes received by the returning officer before the close of poll (excluding any undelivered or returned under paragraph 14(1) of Schedule 3 with spoilt ballot papers)          
12 Number of ballot papers returned by postal voters which were included in the count of ballot papers          
13 Number of cases in which a covering envelope or its contents were marked "Rejected" (cancellations under paragraph 14(5) of Schedule 3 are not rejections and should be included in items 2 and 6 above)          

Date
     Signed


Constituency Returning Officer

Address


NOTES

     1. The first column is to be completed in the case of a constituency election.

     2. The second column is to be completed in the case of a regional election in respect of the postal ballot papers issued in a constituency for that regional election.

     3. Where both columns are to be completed, the figure to be inserted against items B4, B5, B8, B9 and C11 will be the same in each column as only one covering envelope will have been issued for both elections.

     4. The references to Schedule 3 are references to Schedule 3 to the National Assembly for Wales (Representation of the People) Order 2003.

Etholaeth:


..

Rhanbarth Etholiadol (a, lle nad oes pleidlais yn yr etholaeth,

enw'r Etholaeth Cynulliad y mae'r datganiad yn ymwneud ag ef):
.

Dyddiad y bleidlais/pleidleisiau


A Y papurau pleidleisio drwy'r post a ddosbarthwyd Nifer ar gyfer yr Etholaeth Nifer ar gyfer y Rhanbarth Etholiadol
1 Cyfanswm y papurau pleidleisio drwy'r post a ddosbarthwyd o dan baragaraff 8 o Atodlen 3          
2 Cyfanswm y papurau pleidleisio drwy'r post a ddosbarthwyd o dan baragraff 14 o Atodlen 3 (lle cafodd y papur pleidleisio cyntaf ei ddifetha a'i anfon yn ôl i'w ddiddymu)          
Cyfanswm y papurau pleidleisio drwy'r post a ddosbarthwyd (1 + 2)          

B Y papurau pleidleisio drwy'r post a ddaeth i law Nifer ar gyfer yr Etholaeth Nifer ar gyfer y Rhanbarth Etholiadol
4 Nifer yr amlenni postio a ddaeth i law'r swyddog etholiadol neu mewn gorsaf bleidleisio cyn i'r gorsafoedd gau (ac eithrio unrhyw rai na chawsant eu danfon neu a anfonwyd yn ôl o dan baragraff 14(1) o Atodlen 3 am fod y papurau pleidleisio wedi'u difetha)          
5 Nifer yr amlenni postio a ddaeth i law'r swyddog etholiadol ar ôl i'r gorsafoedd gau, ac eithrio unrhyw rai a gafodd eu hanfon yn ôl am na chawsant eu danfon          
6 Nifer y papurau pleidleisio drwy'r post a gafodd eu hanfon yn ôl i'w diddymu am eu bod wedi'u difetha, pan oedd digon o amser ar ôl i ddosbarthu papur pleidleisio arall.          
7 Nifer y papurau pleidleisio drwy'r post a gafodd eu hanfon yn ôl am eu bod wedi'u difetha, pan oedd hi'n rhy hwyr i ddosbarthu papur pleidleisio arall.          
8 Nifer yr amlenni postio a anfonwyd yn ôl am na chawsant eu danfon (hyd at ddyddiad y datganiad hwn)          
9 Nifer yr amlenni postio na ddaeth i law'r swyddog etholiadol erbyn dyddiad y datganiad hwn          
10 Cyfanswm Rhif au 4 i 9 (Dylai'r Rhif fod yr un peth â'r un yn 3 uchod)          

C Cyfrif y papurau pleidleisio drwy'r post Nifer ar gyfer yr Etholaeth Nifer ar gyfer y Rhanbarth Etholiadol
11 Nifer yr amlenni postio a ddaeth i law'r swyddog etholiadol cyn i'r gorsafoedd gau (ac eithrio unrhyw rai na chawsant eu danfon neu a anfonwyd yn ôl o dan baragraff 14(1) o Atodlen 3 am fod y papurau pleidleisio wedi'u difetha)          
12 Nifer y papurau pleidleisio a anfonwyd yn ôl gan bleidleiswyr drwy'r post ac a gafodd eu cynnwys wrth gyfrif y papurau pleidleisio          
13 Nifer yr achosion lle nodwyd "Gwrthodwyd" ar amlen bostio neu ar ei chynnwys (nid yw papurau a ddiddymwyd o dan baragraff 14(5) o Atodlen 3 yn rhai a wrthodwyd a dylid eu cynnwys yn eitemau 2 a 6 uchod)          

Dyddiad
     Llofnod


Cyfeiriad




NODIADAU

     1. Os oes etholiad yn yr etholaeth, dylech lenwi'r golofn gyntaf.

     2. Os oes etholiad rhanbarthol mewn perthynas â'r papurau pleidleisio drwy'r post a ddosbarthwyd mewn etholaeth ar gyfer yr etholiad rhanbarthol hwnnw, dylech lenwi'r ail golofn.

     3. Os oes angen llenwi'r ddwy golofn, bydd y ffigur a nodir yn B4, B5, B8, B9 ac C11 yr un peth ym mhob colofn gan mai dim ond un amlen bostio a fydd wedi'u dosbarthu ar gyfer y ddau etholiad.

     4. Cyfeirio at Atodlen 3 i Orchymyn Cynulliad Cenedlaethol Cymru (Cynrychiolaeth y Bobl) 2003 y mae'r cyfeiriadau at Atodlen 3.



SCHEDULE 4


Combination of Polls


Article 15(7)

ARRANGEMENT OF PARAGRAPHS


PART I

GENERAL
1. Returning officers and polling stations.
2. Functions at combined polls.
3. Modification of provisions about expenses in this Order and the 1983 Act.

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 15(1) OR (2)
4. Modifications to Schedule 5: general provision.
5. Paragraph 25 of Schedule 5 (colour of ballot papers).
6. Paragraph 29 of Schedule 5 (notice of poll).
7. Paragraph 33 of Schedule 5 (issue of official poll cards).
8. Paragraph 34 of Schedule 5 (equipment of polling stations).
9. Paragraph 35 of Schedule 5 (appointment of polling and counting agents).
10. Paragraph 40 of Schedule 5 (questions to be put to voters).
11. Paragraph 42 of Schedule 5 (voting procedure).
12. Paragraph 43 of Schedule 5 (votes marked by presiding officer).
13. Paragraph 44 of Schedule 5 (voting by persons with disabilities).
14. Paragraph 45 of Schedule 5 (tendered ballot papers).
15. Paragraph 47 of Schedule 5 (adjournment of poll in case of riot).
16. Paragraph 48 of Schedule 5 (procedure on close of poll).
17. Paragraph 49 of Schedule 5 (time of, and attendance at, counting of votes).
18. Paragraph 50 of Schedule 5 (the count).
19. Paragraph 62 of Schedule 5 (delivery of documents to the Assembly).
20. Paragraph 65 of Schedule S (countermand or abandonment of poll on death of candidate).
21. Appendix of forms in Schedule 5 (form of directions for the guidance of the voters in voting).
22. Appendix of forms in Schedule 5 (form of declaration to be made by the companion of a voter with disabilities).

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 15(1) OR (2)
23. Modification to principal area election rules: general provision.
24. Rule 1 of principal area election rules (timetable).
25. Rule 14 of principal area election rules (the ballot papers).
26. Rule 18 of principal area election rules (notice of poll).
27. Rule 22 of principal area election rules (issue of official poll cards).
28. Rule 23 of principal area election rules (equipment of polling stations).
29. Rule 24 of principal area election rules (appointment of polling and counting agents).
30. Rule 29 of principal area election rules (questions to be put to voters).
31. Rule 31 of principal area election rules (voting procedure).
32. Rule 32 of principal area election rules (votes marked by presiding officer).
33. Rule 33 of principal area election rules (voting by blind persons).
34. Rule 34 of principal area election rules (tendered ballot papers).
35. Rule 36 of principal area election rules (adjournment of poll in case of riot).
36. Rule 37 of principal area election rules (procedure on close of poll).
37. Rule 38 of principal area election rules (attendance at counting of votes).
38. Rule 39 of principal area election rules (the count).
39. Rule 46 of principal area election rules (delivery of documents).
40. Rule 49 of principal area election rules (countermand or abandonment of poll on death of candidate).
41. Appendix of forms to principal area election rules (declaration of identity).
42. Appendix of forms to principal area election rules (directions for the guidance of the voters in voting).
43. Appendix of forms to principal area election rules (declaration to be made by the companion of a blind voter).

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 15(1) OR (2)
44. Modifications to community election rules: general provision.
45. Rule 1 of community election rules (timetable).
46. Rule 14 of community election rules (the ballot papers).
47. Rule 18 of community election rules (notice of poll).
48. Rule 22 of community election rules (issue of official poll cards).
49. Rule 23 of community election rules (equipment of polling stations).
50. Rule 24 of community election rules (appointment of polling and counting agents).
51. Rule 29 of community election rules (questions to be put to voters).
52. Rule 31 of community election rules (voting procedure).
53. Rule 32 of community election rules (votes marked by presiding officer).
54. Rule 33 of community election rules (voting by blind persons).
55. Rule 34 of community election rules (tendered ballot papers).
56. Rule 36 of community election rules (adjournment of poll in case of riot).
57. Rule 37 of community election rules (procedure on close of poll).
58. Rule 38 of community election rules (attendance at counting of votes).
59. Rule 39 of community election rules (the count).
60. Rule 46 of community election rules (delivery of documents).
61. Rule 49 of community election rules (countermand or abandonment of poll on death of candidate).
62. Appendix of forms to community election rules (declaration of identity).
63. Appendix of forms to community election rules (directions for the guidance of the voters in voting).
64. Appendix of forms to community election rules (declaration to be made by the companion of a blind voter).


PART I

GENERAL

Returning officers and polling stations
    
1.  - (1) Where the polls at an ordinary Assembly election and an ordinary local government election are taken together under article 15(1) - 

    (2) Subject to sub-paragraph (4) where the polls at an Assembly and a local government election for related areas (within the meaning of article 15(3)) are taken together under article 15(2) - 

    (3) Where by virtue of sub-paragraph (2)(a) functions in respect of another election fall to be discharged by a regional returning officer, he in turn shall delegate the discharge of those functions to the constituency returning officer for an Assembly constituency that is wholly or partly situated in the combined area in relation to such part of the combined area as is situated in the Assembly constituency: and where functions are so delegated subsequent references in this Part to the returning officer who discharges the functions specified in paragraph 2 are to be treated as references to such a constituency returning officer.

    (4) Where the polls at an ordinary Assembly election and a local government election for related areas are taken together under article 15(2), sub-paragraph (1)(a) and (b) shall apply.

Functions at combined polls
    
2.  - (1) The functions referred to in paragraph 1 above are the functions conferred or imposed - 

and where the proceedings on the issue and receipt of postal ballot papers at two or more elections are taken together under paragraph 2 of Schedule 3, the functions conferred or imposed by that Schedule and by Part V of the 1986 Regulations.

    (2) The functions referred to in sub-paragraph (1) are those functions in Schedule 5 conferred or imposed by - 

Modification of provisions about expenses in this Order and the 1983 Act
     3.  - (1) Where those functions of a returning officer at an election which are specified in paragraph 2 are discharged by the returning officer at another election under paragraph 1, references to the returning officer or his charges or expenditure - 

shall, to the extent that such functions are so discharged, be construed as references to the returning officer who discharges those functions and his charges or expenditure in respect of those functions.

    (2) The reference in section 36(6) of the 1983 Act to the returning officer or person acting as returning officer requesting an advance in respect of his expenses shall, to the extent that those expenses relate to the functions specified in paragraph 2, include a reference to the returning officer who under paragraph 1 discharges those functions at the local government election.

    (3) In relation to elections the polls at which are taken together under article 15(1) or (2), the Assembly may under article 21(1) include special provision for services properly rendered, or expenses properly incurred, in respect of the discharge of functions specified in paragraph 2, and in respect of the remuneration of presiding officers and clerks, by the returning officer who discharges those functions by virtue of paragraph 1.

    (4) In relation to elections the polls at which are taken together under article 15(1) or (2), a county or county borough council may, in fixing a scale under - 

include special provision for expenses incurred in respect of the discharge of functions specified in paragraph 2, and in respect of the remuneration of presiding officers and clerks, by the returning officer who discharges those functions by virtue of paragraph 1.



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 15 (1) OR (2)

Modifications to Schedule 5: general provision
    
4. Where the poll at an Assembly election is taken with the poll at a local government election under article 15(1) or (2), Schedule 5 shall have effect subject to the modifications set out in the remaining paragraphs of this Part.

Paragraph 25 of Schedule 5 (colour of ballot papers)
    
5. At the end of paragraph 25 of Schedule 5 there shall be added - 

Paragraph 29 of Schedule 5 (notice of poll)
    
6. At the end of paragraph 29 of Schedule 5 there shall be added - 

Paragraph 33 of Schedule 5 (issue of official poll cards)
    
7. At the end of paragraph 33 of Schedule 5 there shall be added - 

Paragraph 34 of Schedule 5 (equipment of polling stations)
    
8.  - (1) After paragraph 34(14) of Schedule 5 there shall be inserted - 

    (2) After paragraph 34(7) of Schedule 5 there shall be inserted - 

    (3) For paragraph 34(15) and (16) of Schedule 5 there shall be substituted - 

Paragraph 35 of Schedule 5 (appointment of polling and counting agents)
    
9. After paragraph 35(7) of Schedule 5 there shall be inserted - 

Paragraph 40 of Schedule 5 (questions to be put to voters)
    
10.  - (1) In the questions in paragraph 40(1)(a)(i) and (ii) and (3)(a)(i) and (ii) of Schedule 5, before "election" there shall be inserted "Assembly".

    (2) In the questions in paragraph 40(1)(b)(i) and (ii) and (3)(b)(i) and (ii) of Schedule 5, after "yr etholiad hwn" there shall be inserted "i'r Cynulliad".

Paragraph 42 of Schedule 5 (voting procedure)
    
11. At the end of paragraph 42 of Schedule 5 there shall be added - 

Paragraph 43 of Schedule 5 (votes marked by presiding officer)
    
12. At the end of paragraph 43 of Schedule 5 there shall be added - 

Paragraph 44 of Schedule 5 (voting by voters with disabilities)
    
13. At the end of paragraph 44 of Schedule 5 there shall be added - 

Paragraph 45 of Schedule 5 (tendered ballot papers)
    
14. At the end of paragraph 45 of Schedule 5 there shall be added - 

Paragraph 47 of Schedule 5 (adjournment of poll in case of riot)
    
15. After paragraph 47(1) of Schedule 5 there shall be inserted - 

Paragraph 48 of Schedule 5 (procedure on close of poll)
    
16.  - (1) After paragraph 48(1) of Schedule 5 there shall be inserted - 

    (2) After paragraph 48(2) of Schedule 5 there shall be inserted - 

Paragraph 49 of Schedule 5 (time of, and attendance at, counting of votes)
    
17.  - (1) In paragraph 49 of Schedule 5, for "paragraph 50(1)" (in each place) there shall be substituted "paragraph 50(1A)".

    (2) After paragraph 49(2) of Schedule 5 there shall be inserted - 

    (3) In paragraph 49(8), before "the efficient" there shall be inserted "the efficient separating of the ballot papers or, as the case may be,".

Paragraph 50 of Schedule 5 (the count)
    
18.  - (1) For paragraphs 50(1) and (2) of Schedule 5 there shall be substituted - 

    (2) In paragraph 50(3) and (4) of Schedule 5, for "sub-paragraph (1)" there shall be substituted "sub-paragraph (1A)".

    (3) In paragraph 50(3) of Schedule 5 after "the power" there shall be inserted "referred to in sub-paragraph (2)".

    (4) For paragraph 50(11) to (13) of Schedule 5 there shall be substituted - 

Paragraph 62 of Schedule 5 (delivery of documents to the Assembly)
    
19. After paragraph 62(2) of Schedule 5 there shall be inserted - 

Paragraph 65 of Schedule 5 (countermand or abandonment of poll etc on death of candidate)
    
20.  - (1) After sub-paragraph (9) there shall be inserted - 

    (2) At the end of paragraph 65 of Schedule 5 there shall be added - 

Appendix of forms in Schedule 5 (form of directions for the guidance of the voters in voting)
    
21. In the Appendix of forms in Schedule 5, after the form of directions for the guidance of the voters in voting referred to in paragraph 34(6) and (7) of Schedule 5 there shall be inserted - 

Form of directions for the guidance of voters in voting referred to in paragraph 34(7A)

"Paragraph 34(7A)

Guidance for Voters

     1. When you are given a ballot paper make sure it is stamped with the official mark.

     2. Go to one of the compartments. Each ballot paper tells you how many times you may vote on that paper. Do not vote for more than that number. Mark your choice(s) with a cross ( x ). Put no other mark on the ballot paper, or your vote may not be counted.

     3. Fold the ballot papers in two. Show the official mark to the presiding officer, but do not let anyone see your vote. Put the ballot papers in the ballot box and leave the polling station.

     4. If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.

Cyfarwyddyd i Bleidleiswyr

     1. Pan roir papur pleidleisio i chi gwnewch yn siwr iddo gael ei stampio â'r marc swyddogol.

     2. Ewch i un o'r cabanau. Mae pob papur pleidleisio yn dweud wrthych sawl gwaith y cewch bleidleisio ar y papur hwnnw. Peidiwch â phleidleisio dros fwy na'r nifer hwnnw. Marciwch eich dewis(iadau) â chroes ( ✗ ). Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.

     3. Plygwch y papurau pleidleisio yn ddau. Dangoswch y marc swyddogol i'r swyddog llywyddu, ond peidiwch â gadael i neb weld eich pleidlais. Rhowch y papurau pleidleisio yn y blwch pleidleisiau a mynd allan o'r orsaf bleidleisio.

     4. Os bydd i chi drwy gamgymeriad ddifetha papur pleidleisio, dangoswch ef i'r swyddog llywyddu a gofyn am un arall.".

Appendix of forms in Schedule 5 (form of declaration to be made by the companion of a voter with disabilities)
    
22.  - (1) In the Appendix of forms of Schedule 5, the form of declaration to be made by the companion of a voter with disabilities shall be amended in accordance with sub-paragraphs (2) and (3).

    (2) In that part of the form in English for "the Assembly election now being held in this [constituency] [and] [electoral region]" there shall be substituted "the elections now being held in this Assembly constituency [, Assembly electoral region] and , in the case of a local government election which is not a mayoral election, [name of electoral area for which election is held and name of local government area] or, in the case of a local government election which is a mayoral election, [name of local government area]".

    (3) In that part of the form in Welsh for "yn etholiad y Cynulliad a gynhelir yn awr yn yr [etholaeth hon] [a'r] [rhanbarth etholiadol hwn]" there shall be substituted "yr etholiadau a gynhelir yn awr yn yr etholaeth Gynulliad hon [, y rhanbarth etholiadol Cynulliad hwn] ac , yn achos etholiad llywodraeth leol nad yw yn etholiad maerol, [enw'r ardal etholiadol y cynhelir yr etholiad hwn ar ei chyfer ac enw'r ardal llywodraeth leol] neu, yn achos etholiad llywadraeth leol sydd yn etholiad maerol, [enw'r ardal llywodraeth leol]".



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 15(1) OR (2)

Modifications to principal area election rules: general provision
    
23.  - (1) Where the poll at an election of county or county borough councillors is taken together with the poll at an Assembly election under article 15(1) or (2), Schedule 2 to the Local Elections (Principal Areas) 1986[48] (rules for conduct of election of councillors of a principal area) shall have effect subject to the modifications set out in to the remaining paragraphs of this Part.

    (2) In this Part the rules in that Schedule referred to in sub-paragraph (1) are referred to as the principal area election rules.

Rule 1 of principal area election rules (timetable)
     24. In rule 1 of this principal area election rules, in the entry relating to polling, for "8 in the morning and 9" there shall be substituted "7 in the morning and 10".

Rule 14 of principal area election rules (the ballot papers)
    
25.  - (1) At the end of rule 14(2) of the principal area election rules there shall be inserted - 

    (2) At the end of rule 14 of the principal area election rules there shall be added - 

Rule 18 of principal area election rules (notice of poll)
    
26. At the end of rule 18 of the principal area election rules there shall be added - 

Rule 22 of principal area election rules (issue of official poll cards)
    
27. At the end of rule 22 there shall be added - 

Rule 23 of principal area election rules (equipment of polling stations)
    
28.  - (1) After rule 23(1) of the principal area election rules there shall be inserted - 

    (2) For rule 23(5) of the principal area election rules[49] there shall be substituted - 

Rule 24 of principal area election rules (appointment of polling and counting agents)
     29. At the end of rule 24(5) of the principal area election rules there shall be added - 

Rule 29 of principal area election rules (questions to be put to voters)
    
30.  - (1) In question (ii) in rule 29(1)(a) and (b) of the principal area election rules, and in the second question of rule 29(2), after "this election" there shall be inserted "for this [*county] [*county borough] (*delete whichever is inapplicable)".

    (2) In the equivalent questions in Welsh set out in Part I of the Schedule to the Local Elections (Principal Areas) (Welsh Forms) Order 1987[
50] after, "yn yr etholiad presennol" and "yn yr etholiad hwn" (in both places) there shall be inserted "ar gyfer [*y sir] [*y fwrdeistref sirol] hon (*dileer pa un bynnag sy'n anghymwys)".

Rule 31 of principal area election rules (voting procedure)
     31. At the end of rule 31 of the principal area election rules there shall be added - 

Rule 32 of principal area election rules (votes marked by presiding officer)
    
32. At the end of rule 32(2) of the principal area election rules there shall be added - 

Rule 33 of principal area election rules (voting by blind persons)
    
33. At the end of rule 33(4) of the principal area election rules there shall be added - 

Rule 34 of principal area election rules (tendered ballot papers)
    
34. At the end of paragraph 34(3) of the principal area election rules there shall be added - 

Rule 36 of principal area election rules (adjournment of poll in case of riot)
    
35. In rule 36(1) of the principal area election rules, after "returning officer" there shall be inserted "who discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003".

Rule 37 of principal area election rules (procedure on close of poll)
    
36. After rule 37(1) of the principal area election rules there shall be inserted - 

Rule 38 of principal area election rules (attendance at counting of votes)
    
37.  - (1) For rule 38(1) of the principal area election rules there shall be substituted - 

    (2) In rule 38(2) before "at the counting of the votes" there shall be inserted "at the proceedings under rule 39(1) (as so substituted) or".

    (3) In rule 38(3) before "counting of the votes" in the first place where they occur, there shall be inserted "proceedings under rule 39(1) (as so substituted) or the" and before "the efficient" there shall be inserted "the efficient separating of the ballot papers or, as the case may be,".

Rule 39 of principal area election rules (the count)
    
38. For rule 39(1) and (2) of the principal area election rules there shall be substituted - 

Rule 46 of principal area election rules (delivery of documents)
    
39. At the end of rule 46(1) of the principal area election rules[51] there shall be added - 

Rule 49 of principal area election rules (countermand or abandonment of poll on death of candidate)
     40.  - (1) At the end of rule 49(1) of the principal area election rules[52]) there shall be added - 

    (2) For rule 49(2) of the principal area election rules there shall be substituted - 

Appendix of forms to principal area election rules (declaration of identity)
     41.  - (1) In the Appendix of forms to the principal area election rules, for the form of declaration of identity[53]) there shall be substituted - 

    (2) The following form shall be substituted where sub-paragraph (1)(a) applies - 

    (3) The following form shall be substituted where sub-paragraph (1)(b) applies - 

Appendix of forms to principal area election rules (directions for the guidance of the voters in voting)
     42. In the Appendix of forms to the principal area election rules, for the form of directions for the guidance of the voters in voting[54] there shall be substituted the same form of directions as is set out in paragraph 21.

Appendix of forms to principal area election rules (declaration to be made by the companion of a blind voter)
     43.  - (1) In the Appendix of forms in the principal area election rules, in the form of declaration to be made by the companion of a blind voter - 

    (2) In the equivalent declaration in Welsh set out in Part I, in the Schedule to the Local Elections (Principal Areas) (Welsh Forms) Order 1987[55] - 



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 15(1) OR (2)

Modifications to community election rules: general provision
    
44.  - (1) Where the poll at an election of community councillors is taken together with the poll at an Assembly election under article 15(1) or (2)[c], Schedule 2 to the Local Elections (Parish and Communities) Rules 1986[56] (rules for conduct of election of councillors of a community or parish) shall have effect subject to the modifications set out in the remaining paragraphs of this Part.

    (2) In this Part the rules in that Schedule referred to in sub-paragraph (1) are referred to as the community election rules.

Rule 1 of community election rules (timetable)
     45. In rule 1 of the community election rules, in the entry relating to polling, for "8 in the morning and 9" there shall be substituted "7 in the morning and 10".

Rule 14 of community election rules (the ballot papers)
    
46.  - (1) At the end of rule 14(2) of the community election rules there shall be added - 

    (2) At the end of rule 14 of the community election rules there shall be added - 

Rule 18 of community election rules (notice of poll)
    
47. At the end of rule 18 of the community election rules there shall be added - 

Rule 22 of community election rules (issue of official poll cards)
    
48. At the end of rule 22 to the community election rules there shall be added - 

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

    (1) After rule 23(1) of the community election rules there shall be inserted - 

    (2) For rule 23(5) of the community election rules[57] there shall be substituted - 

Rule 24 of community election rules (appointment of polling and counting agents)
     50. At the end of rule 24(5) of the community election rules there shall be inserted - 

Rule 29 of community election rules (questions to be put to voters)
    
51.  - (1) In question (ii) in rule 29(1)(a) and (b) of the community election rules, and in the second question of rule 29(2), after "this election" there shall be inserted "for this community".

    (2) In the equivalent questions in Welsh set out in Part I of the Schedule to the Local Elections (Communities) (Welsh Forms) Order 1987[
58], after "yn yr etholiad presennol" and "yn yr etholiad hwn" (in both places) there shall be inserted "ar gyfer y gymuned hon".

Rule 31 of community election rules (voting procedure)
     52. At the end of rule 31 of the community election rules there shall be added - 

Rule 32 of community election rules (votes marked by presiding officer)
    
53. At the end of rule 32(2) of the community election rules there shall be added - 

Rule 33 of community election rules (voting by blind persons)
    
54. At the end of rule 33(4) of the community election rules there shall be added - 

Rule 34 of community election rules (tendered ballot papers)
    
55. At the end of rule 34(3) of the community election rules there shall be added - 

Rule 36 of community election rules (adjournment of poll in case of riot)
    
56. In rule 36(1) of the community election rules, after "returning officer" there shall be inserted "who discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003".

Rule 37 of community election rules (procedure on close of poll)
    
57. After rule 37(1) of the community election rules there shall be inserted - 

Rule 38 of community election rules (attendance at counting of votes)
    
58.  - (1) For rule 38(1) of the community election rules there shall be substituted - 

    (2) In rule 38(2) of the community election rules before "at the counting of the votes" there shall be inserted "at the proceedings under rule 39(1) (as so substituted) or".

    (3) In rule 38(3) of the community election rules before "counting of the votes" in the first place where they occur, there shall be inserted "proceedings under rule 39(1) (as so substituted) or the" and before "the efficient" there shall be inserted "the efficient separating of the ballot papers or, as the case may be,".

Rule 39 of community election rules (the count)
    
59. For rule 39(1) and (2) of the community election rules there shall be substituted - 

Rule 46 of community election rules (delivery of documents)
    
60. At the end of rule 46 of the community election rules[59] there shall be added - 

Rule 49 of community election rules (countermand or abandonment of poll on death of candidate)
     61.  - (1) At the end of rule 49(1) of the community election rules there shall be added - 

    (2) For rule 49(2) of the community election rules there shall be substituted - 

Appendix of forms to community election rules (declaration of identity)
    
62.  - (1) In the Appendix of forms to the community election rules, for the form of declaration of identity[60] there shall be substituted - 

Appendix of forms to community election rules (directions for the guidance of the voters in voting)
     63. In the Appendix of forms to the community election rules, for the form of directions for the guidance of the voters in voting[61] there shall be substituted the same form of directions as is set out in paragraph 21.

Appendix of forms to community election rules (declaration to be made by the companion of a blind voter)
     64.  - (1) In the Appendix of forms to the community election rules, in the form of declaration to be made by the companion of a blind voter - 

    (2) In the equivalent declaration in Welsh set out in Part I in the Schedule to the Local Elections (Communities) (Welsh Forms) Order 1987[62] - 



SCHEDULE 5
Article 16(1)


Conduct Of Assembly Elections And Return Of Assembly Members




ARRANGEMENT OF PARAGRAPHS


PART I

PROVISIONS AS TO TIME
1. Timetable.
2. Computation of time.

PART II

STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

NOTICE OF ELECTION
3. Notice of election: constituency election and regional election.

NOMINATION
4. Nomination of candidates at a constituency election.
5. Nomination paper: name of registered political party.
6. Nomination of individual candidates at a regional election.
7. Nomination of party list candidates at a regional election.
8. Party nomination paper: registered political party.
9. Consent to nomination.
10. Deposit.
11. Place for delivery of nomination papers.
12. Right to attend nomination.
13. Decisions as to validity of individual nomination papers.
14. Decisions as to validity of party nomination papers and as to the validity of nominations included on a party list.
15. Withdrawal of candidates.
16. Constituency election: publication of statement of persons nominated.
17. Regional election: publication of statement of persons nominated and registered political parties which have submitted a party list.
18. Disqualification by Representation of the People Act 1981.
19. Adjournment of nomination proceedings in case of riot.
20. Method of election at a constituency election.
21. Method of election at a regional election.

PART III

CONTESTED ELECTIONS

GENERAL PROVISIONS
22. Poll to be taken by ballot.
23. The ballot paper at a constituency election.
24. The ballot paper at a regional election.
25. Colour of ballot papers at an ordinary election.
26. The official mark.
27. Prohibition of disclosure of vote.
28. Use of schools and public rooms.
ACTION TO BE TAKEN BEFORE THE POLL
29. Notice of poll.
30. Postal ballot papers.
31. Provision of polling stations.
32. Appointment of presiding officers and clerks.
33. Issue of official poll cards.
34. Equipment of polling stations.
35. Appointment of polling and counting agents.
36. Notification of requirement of secrecy.
37. Admission to polling station.
38. Keeping of order in the polling station.
39. Sealing of ballot boxes.
40. Questions to be put to voters.
41. Challenge of voter.
42. Voting procedure.
43. Votes marked by presiding officer.
44. Voting by persons with disabilities.
45. Tendered ballot papers.
46. Spoilt ballot papers.
47. Adjournment of poll in case of riot.
48. Procedure on close of poll.
COUNTING OF VOTES
49. Time of, and attendance at, counting of votes.
50. The count.
51. Re-count at a constituency election.
52. Re-count of electoral region votes in an Assembly constituency.
53. Rejected ballot papers.
54. Decisions on ballot papers.
55. Equality of votes at a constituency election.
56. Regional elections: conveying results of count etc to regional returning officer.

PART IV

FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS
57. Declaration of result at a constituency election.
58. Ascertainment of results at a contested regional election.
59. Declaration of results at a regional election.
60. Return or forfeiture of deposit.

PART V

DISPOSAL OF DOCUMENTS
61. Sealing up of ballot papers.
62. Delivery of documents to the Assembly.
63. Order for production of documents.
64. Retention and public inspection of documents.

PART VI

DEATH OF CANDIDATE
65. Countermand or abandonment of poll etc on death of candidate.

PART VII

MISCELLANEOUS
66. Vacancies: Assembly constituency seats.
67. Vacancies: return of electoral region members.
68. Return of Assembly members and record of returns etc.
69. Registered political parties.
70. Party's registered nominating officer: discharge of functions.

APPENDIX OF FORMS
Form of individual nomination paper: constituency election.
Form of certificate referred to in paragraph 5(1).
Form of individual nomination paper: regional election.
Form of party nomination paper: regional election.
Form of certificate referred to in paragraph 8(1).
Form of ballot paper: constituency election.
Directions as to printing the ballot paper: constituency election.
Form of ballot paper: regional election.
Directions as to printing the ballot paper: regional election.
Form of elector's poll card referred to in paragraph 33(4).
Form of elector's poll card referred to in paragraph 33(5).
Form of proxy's poll card referred to in paragraph 33(6).
Form of proxy's poll card referred to in paragraph 33(7).
Form of directions for guidance of the voters in voting referred to in paragraph 34(12).
Form of directions for guidance of the voters in voting referred to in paragraph 34(13) and (14).
Form of declaration to be made by the companion of a person with disabilities.
Form of certificate referred to in paragraph 57(4)(a).
Form of certificate referred to in paragraph 59(4)(a).
Form of certificate referred to in paragraph 67(10)(a).
Form of certificate referred to in paragraph 67(11)(b).


PART I

PROVISIONS AS TO TIME

Timetable
    
1.  - (1) The proceedings at an Assembly election shall be conducted in accordance with the following Table - 

Proceeding Time
Publication of notice of election. Not later than the twenty-fifth day before the day of election.
Delivery of nomination papers. Between - 

    (a) the hours of 10 in the morning and 4 in the afternoon after the date of publication of notice of election but before the nineteenth day before the day of election, and

    (b) the hours of 10 in the morning and noon on the nineteenth day before the day of election.

The making of objections to nomination papers. During the hours allowed for delivery of nomination papers on the last day for their delivery and the hour following, but - 

    (a)

         no objection may be made in the afternoon of that last day except to a nomination paper delivered within 24 hours of the last time for its delivery and, in the case of a nomination paper so delivered, no objection may be so made to the sufficiency or nature of the particulars of a candidate unless made at or immediately after the time of the delivery of the nomination paper, and

    (b) the foregoing provisions do not apply to objections made under paragraph 18(2).

Delivery of notices of withdrawal of candidature. Not later than noon on the seventeenth day before the day of election.
Publication of statement of persons nominated. Not later than noon on the sixteenth day before the day of election.
Polling. Between the hours of 7 in the morning and 10 at night on the day of election.

    (2) In the Table - 

Computation of time
    
2. In computing any period of time for the purposes of the Timetable - 

shall be disregarded, and any such day shall not be treated as a day for the purpose of any proceedings up to the completion of the poll nor shall a constituency returning officer be obliged to proceed with the counting of votes on such a day.



PART II

STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS



NOTICE OF ELECTION

Notice of election: constituency election and regional election
    
3.  - (1) At a constituency election, the constituency returning officer shall publish notice of the election stating - 

    (2) At a regional election, the regional returning officer shall prepare a notice of election stating - 

and he shall deliver, or cause to be delivered, the notice to each constituency returning officer for an Assembly constituency in the Assembly electoral region.

    (3) On receipt of a notice under sub-paragraph (2) a constituency returning officer shall publish it.

    (4) A notice of election under sub-paragraph (1) or (2) shall state the date by which - 

must reach the registration officer in order that they may be effective for the election.



NOMINATION

Nomination of candidates at a constituency election
    
4.  - (1) Each candidate at a constituency election shall be nominated by a separate individual nomination paper, in the form set out in English and Welsh in the Appendix delivered - 

to the constituency returning officer at the place fixed for the purpose, but the paper may be so delivered on the candidate's behalf by his election agent if the agent's name and address have been previously given to the returning officer as required by article 35 or are so given at the time the paper is delivered.

    (2) The individual nomination paper shall state the candidate's - 

and the surname shall be placed first in the list of his names.

    (3) The description, if any, must consist of either - 

    (4) Each nomination paper delivered under this paragraph shall be subscribed by one person who shall also (if he is not the candidate) set out his full name and address.

    (5) The constituency returning officer shall supply any person upon request with a form of individual nomination paper at the place, and during the time, for delivery of nomination papers but it is not necessary for a nomination to be on a form supplied by the constituency returning officer.

Nomination paper: name of registered political party
    
5.  - (1) At an Assembly election, an individual nomination paper may not include a description of a candidate which is likely to lead voters to associate the candidate with a registered political party unless, in the case of a constituency election, the party is a qualifying party in relation to the constituency and the description is authorised by a certificate in the form set out in English and Welsh in the Appendix - 

    (2) If it is proposed that the party's registered emblem (or as the case may be, one of the party's registered emblems) is to be shown on the ballot paper against the candidate's particulars, a certificate issued under sub-paragraph (1) shall request that it be so shown.

    (3) A certificate issued under sub-paragraph (1) may be combined with an individual nomination paper delivered under paragraph 4(1).

    (4) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised by virtue of paragraph 70, to issue a certificate under sub-paragraph (1) on behalf of a party's registered nominating officer.

    (5) In the application of this paragraph and paragraph 6 in relation to an election - 

Nomination of individual candidates at a regional election
    
6.  - (1) Each individual candidate at a regional election shall be nominated by a separate individual nomination paper, in the form set out in English and Welsh in the Appendix delivered by the candidate himself to the regional returning officer at the place or a place fixed for the purpose, but the paper may be so delivered on the candidate's behalf by his election agent if the agent's name and address have been previously given to the returning officer as required by article 35 or are so given at the time the paper is delivered.

    (2) The individual nomination paper shall state the candidate's - 

and the surname shall be placed first in the list of his names.

    (3) The description, if any, must consist of either - 

    (4) Each nomination paper delivered under this paragraph shall be subscribed by one person who shall also (if he is not the candidate) set out his full name and address.

    (5) The regional returning officer shall supply any person upon request with a form of individual nomination paper at the place or a place, and during the time, for delivery of individual or party nomination papers but it is not necessary for a nomination to be on a form supplied by the regional returning officer.

Nomination of party list candidates at a regional election
    
7.  - (1) Each group of party list candidates at a regional election shall be nominated by a separate party nomination paper in the form set out in English and Welsh in the Appendix delivered by the registered political party's registered nominating officer to the regional returning officer at the place or a place fixed for the purpose.

    (2) Each party nomination paper shall include the name of the party which has been registered under Part II of the 2000 Political Parties Act.

    (3) In respect of each candidate to be included on a party list, the party nomination paper shall state the candidate's - 

and the surname shall be placed first in the list of his names.

    (4) The order in which those persons appear on the party nomination paper shall be the order in which they are included on the party's list.

    (5) Subject to sub-paragraph (6), where a party nomination paper has been delivered in accordance with this paragraph, the registered political party shall be regarded as having submitted a party list under section 5 of the 1998 Act.

    (6) But where in accordance with this Schedule a party nomination paper is held to be invalid or all the candidates included on the list otherwise cease to stand nominated, the party shall cease to be regarded as having submitted a party list under section 5 of that Act.

    (7) Each nomination paper delivered under this paragraph shall be subscribed by one person who shall also (if he is not a candidate) set out his full name and address.

    (8) The regional returning officer shall supply any person on request with a form of party nomination paper at the place or a place, and during the time, for delivery of individual or party nomination papers but it is not necessary for nominations included on a party list to be on a form supplied by the regional returning officer.

Party nomination paper: name of registered political party
    
8.  - (1) The name required by paragraph 7(2) to be contained in a party nomination paper shall be authorised by a certificate in the form set out in English and Welsh in the Appendix issued by the registered nominating officer of the registered political party.

    (2) If it is proposed that the party's registered emblem (or, as the case may be, one of the party's registered emblems) is to be shown on the ballot paper against the party's name the certificate issued under sub-paragraph (1) shall request that it be so shown.

    (3) A certificate issued under sub-paragraph (1) shall be combined with the party nomination paper delivered under paragraph 7(1).

    (4) A person shall be guilty of a corrupt practice if he fraudulently purports to be authorised by virtue of paragraph 70 to issue a certificate under sub-paragraph (1) on behalf of a party's registered nominating officer.

Consent to nomination
    
9.  - (1) Subject to sub-paragraph (3), at a constituency election a person shall not be validly nominated unless his consent to nomination - 

    (2) Subject to sub-paragraph (3), at a regional election a person shall not be validly nominated (whether as an individual or a party list candidate) unless his consent to nomination - 

    (3) If the appropriate returning officer is satisfied that owing to the absence of a person from the United Kingdom it has not been reasonably practicable for his consent in writing to be given as mentioned above, a facsimile communication (or any similar means of communication) consenting to his nomination and purporting to have been sent by him shall be deemed for the purposes of this paragraph to be consent in writing by him on the day on which it purports to have been sent, and attestation of his consent shall not be required.

    (4) A candidate's consent given under this paragraph - 

    (5) A candidate is required to give his consent under this paragraph notwithstanding that he has subscribed the nomination paper by virtue of which he is nominated.

Deposit
     10.  - (1) In relation to a candidate at a constituency election, a person shall not be validly nominated unless the sum of £500 is deposited by him, or on his behalf, with the constituency returning officer at the place and during the time for delivery of nomination papers.

    (2) In relation to candidates at a regional election - 

with the regional returning officer at the place or a place, and during the time, for delivery of individual or party nomination papers.

    (3) The deposit may be made either - 

but the appropriate returning officer may refuse to accept a deposit sought to be made by means of a banker's draft if he does not know that the drawer carries on business as a banker in the United Kingdom.

    (4) Where the deposit is made on behalf of a candidate at a constituency election or an individual candidate at a regional election, the person making the deposit shall at the time he makes it give his name and address to the appropriate returning officer unless that information has previously been given to him under article 35.

    (5) Where the deposit is made on behalf of a group of party list candidates at a regional election the person making the deposit shall at the time he makes it - 

Place for delivery of nomination papers
    
11.  - (1) In relation to a constituency election, the constituency returning officer shall fix the place at which individual nomination papers are to be delivered to him, and shall attend there during the time for their delivery and for making of objections to them.

    (2) The place in relation to a constituency election shall be in - 

    (3) In relation to a regional election, the regional returning officer shall fix the place or places at which individual or party nomination papers are to be delivered to him, and he shall attend there during the time for their delivery and for making objections to them.

    (4) A place in relation to a regional election shall be in the Assembly electoral region.

    (5) For the purposes of sub-paragraph (2)(b) 'registration area' means the area of two or more Assembly constituencies which have the same registration officer.

Right to attend nomination
    
12.  - (1) In relation to a constituency election, except for the purpose of delivering an individual nomination paper or of assisting the constituency returning officer, and subject to sub-paragraph (5), no person is entitled to attend the proceedings during the time for delivery of individual nomination papers or for making objections to them unless he is - 

but where a candidate acts as his own election agent he may name one other person who shall be entitled to attend in place of his election agent.

    (2) In relation to a regional election, except for the purpose of delivering an individual or party nomination paper or of assisting the regional returning officer, and subject to sub-paragraph (5), no person is entitled to attend the proceedings during the time for delivery of individual or party nomination papers or for making objections to them unless he is - 

but where an individual candidate acts as his own election agent, or a party list candidate acts as election agent for a group of party list candidates, he may name one other person who shall be entitled to attend in place of his election agent.

    (3) In the case of a constituency election, the right to attend conferred by this paragraph includes the right - 

any individual nomination paper.

    (4) In the case of a regional election, the right to attend conferred by this paragraph includes the right - 

any individual or party nomination paper and, in the case of a party nomination paper, the right to object to the nomination of a party list candidate.

    (5) A wife or husband of a candidate is entitled to be present at the delivery of the nomination paper by which that candidate is nominated, and may afterwards, so long as the candidate stands nominated, attend the proceedings referred to in sub-paragraph (1) or (2), but without any such right as is conferred by sub-paragraph (3) or (4).

Decisions as to validity of individual nomination papers
    
13.  - (1) At an Assembly election an individual candidate shall be deemed to stand nominated where an individual nomination paper by which he is nominated and his consent to nomination are delivered and a deposit is made in accordance with this Schedule; and such candidate shall be deemed to stand nominated unless and until - 

    (2) The appropriate returning officer is entitled to hold an individual nomination paper invalid only on one of the following grounds - 

    (3) Subject to sub-paragraph (4), the appropriate returning officer shall give his decision on any objection to an individual nomination paper as soon as practicable after it is made.

    (4) If in the constituency returning officer's opinion an individual nomination paper breaches paragraph 5(1), he shall give a decision to that effect as soon as practicable after the close of the period for delivery of nomination papers set out in the Table in paragraph 1(1).

    (5) Where the appropriate returning officer decides that an individual nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.

    (6) The appropriate returning officer's decision that a nomination paper is valid shall be final and shall not be questioned in any proceeding whatsoever.

    (7) Subject to sub-paragraph (6), nothing in this paragraph prevents the validity of a nomination being questioned on an election petition.

Decisions as to validity of party nomination papers and as to the validity of nominations included on a party list
     14.  - (1) At a regional election a party list candidate shall be deemed to stand nominated where a party nomination paper by which he is nominated and his consent to nomination are delivered and a deposit is made in accordance with this Schedule; and such candidate shall be deemed to stand nominated unless and until - 

    (2) The regional returning officer is entitled to hold a party nomination paper invalid only on one of the following grounds - 

    (3) Where, in respect of a party list candidate - 

he shall cease to stand nominated, or

    (4) Where a candidate ceases to stand nominated by virtue of sub-paragraph (3) it shall not of itself prevent any other candidate included on the party list from continuing to stand nominated.

    (5) Subject to sub-paragraph (6), the regional returning officer shall give his decision on any objection to a party nomination paper or to a party list candidate as soon as practicable after it is made.

    (6) If in the regional returning officer's opinion a party nomination paper breaches paragraph 7(2), 8(1) or 8(3), he shall give a decision to that effect as soon as practicable after the close of the period for delivery of nomination papers set out in the Table in paragraph 1(1).

    (7) Where the regional returning officer decides that - 

he shall endorse and sign on the paper the fact and reasons for his decision.

    (8) The regional returning officer's decision that - 

shall be final and shall not be questioned in any proceeding whatsoever.

    (9) Subject to sub-paragraph (8), nothing in this paragraph prevents the validity of a nomination being questioned on an election petition.

Withdrawal of candidates
    
15.  - (1) Subject to sub-paragraph (3), a candidate at a constituency election may withdraw his candidature by notice of withdrawal - 

    (2) Subject to sub-paragraph (3), a candidate at a regional election may withdraw his candidature by notice of withdrawal - 

    (3) Where a candidate is outside the United Kingdom, a notice of withdrawal signed by a person and accompanied - 

shall be of the same effect as a notice of withdrawal signed by the candidate.

    (4) At a regional election a registered political party may withdraw the candidature of any or all of a group of party list candidates for the party by notice of withdrawal - 

Constituency election: publication of statement of persons nominated
    
16.  - (1) At a constituency election the constituency returning officer shall prepare and publish a statement showing the persons who have been and stand nominated and any other persons who have been nominated, with the reason why they no longer stand nominated.

    (2) The statement shall show the names, addresses and descriptions of the persons nominated as given in their individual nomination papers.

    (3) The statement shall show the persons standing nominated arranged alphabetically in the order of their surnames and, if there are two or more of them with the same surname, of their other names.

    (4) In the case of a person nominated by more than one individual nomination paper, the constituency returning officer shall take the particulars required by the foregoing provisions of this paragraph from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.

    (5) The constituency returning officer shall send to the Electoral Commission - 

Regional election: publication of statement of persons nominated and registered political parties which have submitted a party list
    
17.  - (1) At a regional election the regional returning officer shall prepare a statement showing - 

and he shall deliver, or cause to be delivered the statement to each constituency returning officer for an Assembly constituency in the Assembly electoral region.

    (2) On receipt of a statement under sub-paragraph (1) a constituency returning officer shall publish it.

    (3) The statement shall show - 

    (4) The statement shall show - 

    (5) The arrangement of registered political parties referred to in sub-paragraph (4)(b) is to be shown in the statement before the arrangement of individual candidates referred to in sub-paragraph (4)(a) is so shown.

    (6) For the purposes of sub-paragraph (4)(a) alphabetical order is to be determined by reference to the surnames of the individual candidates and, if there are two or more of them with the same surname, of their other names.

    (7) For the purposes of sub-paragraph (4)(b) - 

    (8) In the case of a person nominated by more than one individual nomination paper, the regional returning officer shall take the particulars required by the foregoing provisions of this paragraph from such one of the papers as the candidate (or the returning officer in default of the candidate) may select.

    (9) In the case of a registered political party which has delivered more than one party nomination paper (and where candidates stand nominated by more than one of those papers), the regional returning officer shall take the particulars required by the foregoing provisions of this paragraph from such one of the papers as the registered nominating officer of the party may select; and if any candidate is shown standing nominated by a paper not so selected but is not so shown in the selected paper he shall no longer stand nominated.

    (10) The regional returning officer shall send to the Electoral Commission a copy of the statement.

    (11) Other than in paragraph 18 the statement required by this paragraph is referred to in this Order as a statement of persons nominated.

Disqualification by Representation of the People Act 1981
    
18.  - (1) In relation to an Assembly election, if it appears to the appropriate returning officer that any of the persons nominated might be disqualified by the Representation of the People Act 1981 (as applied by the 1998 Act) he shall, as soon as practicable after the expiry of the time allowed for the delivery of - 

prepare and publish a draft of the statement required by paragraph 16 or 17.

    (2) The draft shall be headed - 

and shall contain a notice stating that any person who wishes to object to the nomination of any candidate on the ground that he is disqualified for nomination under the Representation of the People Act 1981 (as applied by the 1998 Act) may do so between the hours of 10 in the morning and 4 in the afternoon on the day and at the place specified in the notice; and the day so specified shall be the day next after the last day for the delivery of individual or party nomination papers.

Adjournment of nomination proceedings in the case of riot
    
19.  - (1) Where, at an Assembly election, the proceedings for, or in connection with, nomination are on any day interrupted or obstructed by riot or open violence - 

    (2) Where proceedings are abandoned by virtue of this paragraph nothing - 

Method of election at a constituency election
    
20. At a constituency election - 

Method of election at a regional election
    
21.  - (1) If the statement of persons standing nominated at a regional election shows more persons standing nominated than the number of seats for that Assembly electoral region - 

    (2) But if the statement of persons standing nominated shows the same number of persons standing nominated as, or fewer such persons than, the number of seats for the Assembly electoral region (subject to sub-paragraph (4) in the case of an ordinary election), those persons standing nominated shall be declared to be elected in accordance with Part IV of this Schedule.

    (3) Sub-paragraph (1)(b) or, as the case may be, (2) shall also apply where notice of poll at a regional election is countermanded or the poll is abandoned under paragraph 65(5) (election becomes uncontested through death of candidate).

    (4) No person at an ordinary election shall be declared to be elected in the circumstances described in sub-paragraph (1)(b) or (2) until the regional returning officer has - 



PART III

CONTESTED ELECTIONS



GENERAL PROVISIONS

Poll to be taken by ballot
    
22.  - (1) At a constituency election the votes at the poll shall be given by ballot and the result shall be ascertained, after counting the votes given to each candidate, in accordance with section 4(4) of the 1998 Act; and the candidate to whom the majority of votes has been given shall be declared to have been elected.

    (2) At a regional election the votes at the poll shall be given by ballot and the results shall be ascertained, after counting the votes given to each individual candidate or registered political party, in accordance with sections 4(5) and (6) and 5 to 7 of the 1998 Act; and the candidates who, in accordance with those provisions, are returned as Assembly members shall be declared to have been elected.

The ballot paper at a constituency election
    
23.  - (1) At a constituency election, the ballot of every voter shall consist of a ballot paper.

    (2) The persons shown in the statement of persons nominated as standing nominated, and no others, shall be entitled to have their names inserted in the ballot paper.

    (3) Every ballot paper shall be in the form in the Appendix, and shall be printed in accordance with the directions in that Appendix and - 

    (4) The order of the names in the ballot paper shall be the same as in the statement of persons nominated.

    (5) If a certificate received by the constituency returning officer under paragraph 5(1) has requested that the registered political party's registered emblem (or, as the case may be, one of the party's registered emblems) is to be shown on the ballot paper against the candidate's particulars, the ballot paper shall contain that emblem in that way.

The ballot paper at a regional election
    
24.  - (1) At a regional election, the ballot of every voter shall consist of a ballot paper.

    (2) The following, namely - 

inserted in the ballot paper.

    (3) Every ballot paper shall be in the form in the Appendix, and shall be printed in accordance with the directions in that Appendix, and - 

    (4) The order - 

in the ballot paper shall be the same order as in the statement of persons nominated.

    (5) If a certificate received by the regional returning officer under paragraph 8(1) has requested that the registered political party's registered emblem (or, as the case may be, one of the party's registered emblems) is to be shown on the ballot paper against the party's description, the ballot paper shall contain that emblem in that way.

Colour of ballot papers at an ordinary election
    
25. Where at an ordinary election, a voter is entitled to give two votes, the ballot paper for each vote shall be of a different colour.

The official mark
    
26.  - (1) At an Assembly election every ballot paper shall be marked with an official mark, which shall perforate the ballot paper.

    (2) The official mark shall be kept secret, and an interval of not less than seven years shall intervene between the use of the same official mark - 

    (3) At - 

the official mark used for ballot papers issued for the purpose of voting by post shall not be used at the same election for ballot papers issued for the purpose of voting in person.

    (4) At a regional election a different official mark may be used in Assembly constituencies in an Assembly electoral region (but only one such mark may be used in an Assembly constituency at a regional election).

    (5) At an ordinary election the same official mark may be used at a constituency election and a regional election (in relation to regional votes given in the same Assembly constituency).

Prohibition of disclosure of vote
    
27. No person who has voted at an Assembly election shall, in any legal proceeding to question the election or return, be required to state how he voted.

Use of schools and public rooms
    
28.  - (1) At an Assembly election the constituency returning officer may use, free of charge, for the purpose of taking the poll - 

    (2) This paragraph applies to a school maintained or assisted by a local education authority, or a school in respect of which grants are made out of money provided by the Assembly or by Parliament to the person or body of persons responsible for the management of the school.

    (3) The constituency returning officer shall make good any damage done to, and defray any expense incurred by the persons having control over, any such room as mentioned above by reason of its being used for the purpose of taking the poll.

    (4) Sub-paragraph (2) shall have effect as if it included a reference to a grant-maintained school.



ACTION TO BE TAKEN BEFORE THE POLL

Notice of poll
    
29.  - (1) At an Assembly election, the appropriate returning officer shall in the statement of persons nominated include a notice of the poll, stating the day on which and the hours during which the poll will be taken.

    (2) In the case of a constituency election, the constituency returning officer shall also prepare and publish a notice (which may be combined with the statement of persons nominated) setting out - 

and he shall as soon as practicable after giving such notice give a copy of it to each of the election agents.

    (3) In the case of a regional election, the constituency returning officer for each Assembly constituency in the Assembly electoral region shall prepare and publish a notice (which may be combined with the statement of persons nominated) setting out - 

and he shall as soon as practicable after publishing such notice - 

    (4) At an ordinary election the notice prepared by a constituency returning officer under sub-paragraphs (2) and (3) may be combined.

Postal ballot papers
    
30.  - (1) Subject to sub-paragraph (2), at an Assembly election the constituency returning officer shall as soon as practicable send to those entitled to vote by post, at the address shown in the absent voters list or the list kept under article 12(8) (list of postal proxies), a ballot paper and a declaration of identity in the appropriate form set out in the Appendix to Schedule 3, together with an envelope for their return.

    (2) In the case of a person who at an ordinary election is entitled to give two votes by post the provisions of sub-paragraph (1) shall apply save that "a ballot paper" shall be construed as a reference to both ballot papers.

Provision of polling stations
    
31.  - (1) At an Assembly election the constituency returning officer shall provide a sufficient number of polling stations and, subject to the following provisions of this paragraph, shall allot the electors to the polling stations in such manner as he thinks most convenient.

    (2) One or more polling stations may be provided in the same room.

    (3) The polling station allotted to electors from any polling district shall be in the polling place for that district.

    (4) The constituency returning officer shall provide each polling station with such number of compartments as may be necessary for an Assembly election in which the voters can mark their votes screened from observation.

Appointment of presiding officers and clerks
    
32.  - (1) At an Assembly election the constituency returning officer shall appoint and pay a presiding officer to attend at each polling station and such clerks as may be necessary for the purposes of the election, but he shall not appoint any person who has been employed - 

in or about the election.

    (2) At a regional election the regional returning officer shall appoint and pay such clerks as may be necessary for the purposes of the election, but he shall not appoint any person who has been employed in the circumstances described in sub-paragraph (1)(a) or (b).

    (3) The constituency returning officer may, if he thinks fit, preside at a polling station and the provisions of this Schedule relating to a presiding officer shall apply to a constituency returning officer so presiding with the necessary modifications as to things to be done by the constituency returning officer to the presiding officer or by the presiding officer to the constituency returning officer.

    (4) A presiding officer may do, by the clerks appointed to assist him, any act (including the asking of questions) which he is required or authorised by this Schedule to do at a polling station except order the arrest, exclusion or removal of any person from the polling station.

Issue of official poll cards
    
33.  - (1) At - 

the constituency returning officer shall as soon as practicable send to electors and their proxies an official poll card, but a card need not be sent to any person - 

    (2) An elector's official poll card shall be sent or be delivered to his qualifying address, and a proxy's to his address as shown in the list of proxies.

    (3) The official poll card shall set out - 

    (4) At an ordinary election where an elector is entitled to give two votes, the official poll card issued to an elector shall be in the form set out in English and Welsh in the Appendix.

    (5) At an Assembly election where sub-paragraph (4) does not apply, the official poll card issued to an elector shall be in the form set out in English and Welsh in the Appendix.

    (6) At an ordinary election where an elector is entitled to give two votes, the official poll card issued to the proxy of an elector shall be in the form set out in English and Welsh in the Appendix.

    (7) At an Assembly election where sub-paragraph (6) does not apply, the official poll card issued to the proxy of an elector shall be in the form set out in English and Welsh in the Appendix.

    (8) In this paragraph - 

and accordingly includes a person shown in the register or electors lists as below voting age if it appears from it that he will be of voting age on the day fixed for the poll, but not otherwise, and

Equipment of polling stations
    
34.  - (1) At an Assembly election the constituency returning officer shall provide each presiding officer with such number of ballot boxes and ballot papers as in the constituency returning officer's opinion may be necessary.

    (2) Where at an ordinary election electors are entitled to give two votes the same ballot box shall be used for the receipt of ballot papers in respect of votes given at each election.

    (3) Every ballot box shall be so constructed that the ballot papers can be put in it, but cannot be withdrawn from it, without the box being opened.

    (4) The constituency returning officer shall provide each polling station with - 

    (5) The constituency returning officer shall also provide each polling station with - 

    (6) The device referred to in sub-paragraph (5)(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.

    (7) On one side of the device there shall be tabs of equal size which satisfy the appropriate conditions in sub-paragraphs (8) to (11).

    (8) The tabs shall be capable of being positioned on the ballot paper so that each one is above one of the spaces - 

on which the vote is to be marked ("the relevant space").

    (9) In the case of a constituency election, each tab shall be numbered so that when the device is positioned over a ballot paper, the number of each tab corresponds to that of the candidate whose particulars are to the left of the relevant space covered by the tab in question.

    (10) Each number on a tab shall be in raised form so that it can be clearly identified by touch.

    (11) Each tab shall be capable of being lifted so as to reveal the relevant space and so that there is sufficient room to allow a voter to mark a cross on that space.

    (12) At an ordinary election where there are contested elections for an Assembly constituency and for the Assembly electoral region in which the constituency is situated, the notice in the form set out in English and Welsh in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station.

    (13) Where there is a contested election for an Assembly constituency but there is no such election for the Assembly electoral region in which the constituency is situated, the notice in the form set out in English and Welsh in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station.

    (14) Where there is a contested election for an Assembly electoral region but there is no such election for an Assembly constituency in the Assembly electoral region, the notice in the form set out in English and Welsh in the Appendix, giving directions for the guidance of the voters in voting, shall be printed in conspicuous characters and exhibited inside and outside every polling station in the Assembly constituency.

    (15) Where there is a contested constituency election, in every compartment of every polling station there shall be exhibited the notice - 

    (16) Where there is a contested regional election, in every compartment of every polling station there shall be exhibited the notice - 

    (17) At an Assembly election the statement of persons nominated shall be printed in conspicuous characters and exhibited inside and outside every polling station.

Appointment of polling and counting agents
    
35.  - (1) Subject to sub-paragraph (2), at a constituency election each candidate may, before the commencement of the poll, appoint - 

    (2) In the case of a constituency election, the constituency returning officer may limit the number of counting agents, so that - 

    (3) Subject to sub-paragraph (4), at a regional election each - 

may, before the commencement of the poll, in relation to each Assembly constituency in the Assembly electoral region, appoint - 

    (4) In the case of a regional election the constituency returning officer may, in relation to the Assembly constituency for which he is the returning officer, limit the number of counting agents, so that - 

    (5) Notice in writing of an appointment under sub-paragraph (1) or (3), stating the names and addresses of the persons appointed, shall be given by the person making the appointment to the constituency returning officer and shall be so given not later than the second day (computed like any period of time set out in the Table in paragraph 1(1)) before the day of the poll.

    (6) If an agent dies, the person who appointed him may appoint another agent in his place, and shall forthwith give to the constituency returning officer notice in writing of the name and address of the agent appointed.

    (7) Any appointment authorised by this paragraph to be made by a candidate may be made and the notice of appointment given to the constituency returning officer by the election agent instead.

    (8) In the following provisions of this Schedule references to polling and counting agents shall be taken as references to agents - 

    (9) Any notice required to be given to a counting agent by the constituency returning officer may be delivered at or sent by post to the address stated in the notice of appointment.

    (10) Any candidate may himself do any act or thing which any polling or counting agent, if appointed by him or on his behalf, would have been authorised to do, or may assist such agent in doing any such act or thing.

    (11) An election agent for an individual candidate or a group of party list candidates may do or assist in doing anything which a polling or counting agent of the candidate or candidates is authorised to do; and anything required or authorised by this Schedule to be done in the presence of the polling or counting agents may be done in the presence of such an election agent instead of such polling or counting agents.

    (12) Where by this Schedule any act or thing is required or authorised to be done in the presence of the polling or counting agents, the non-attendance of any agents or agent at the time and place appointed for the purpose shall not, if the act or thing is otherwise duly done, invalidate the act or thing done.

Notification of requirement of secrecy
    
36. At an Assembly election the constituency returning officer shall make such arrangements as he thinks fit to ensure that - 



THE POLL

Admission to polling station
    
37.  - (1) At an Assembly election the presiding officer shall regulate the number of voters to be admitted to the polling station at the same time, and (subject to sub-paragraphs (2) and (3)) shall exclude all other persons except - 

    (2) At a regional election not more than one party list candidate shall be admitted at the same time to a polling station on behalf of the same group of party list candidates.

    (3) At an Assembly election not more than one polling agent shall be admitted at the same time to a polling station on behalf of the same individual candidate or, at a regional election, on behalf of the same group of party list candidates.

    (4) A constable or person employed by a constituency or regional returning officer shall not be admitted to vote in person elsewhere than at his own polling station under the relevant provision of this Order, except on production and surrender of a certificate as to his employment, which shall be in the form set out in the Appendix to Schedule 2 and signed by an officer of police of the rank of inspector or above or by the returning officer, as the case may be.

    (5) Any certificate surrendered under this paragraph shall forthwith be cancelled.

Keeping of order in the polling station
    
38.  - (1) It is the presiding officer's duty at an Assembly election to keep order at his polling station.

    (2) If a person misconducts himself in a polling station, or fails to obey the presiding officer's lawful orders, he may immediately, by the presiding officer's order, be removed from the polling station - 

and the person so removed shall not, without the presiding officer's permission, again enter the polling station during the day.

    (3) Any person so removed may, if charged with the commission in the polling station of an offence, be dealt with as a person taken into custody by a constable for an offence without a warrant.

    (4) The powers conferred by this paragraph shall not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Sealing of ballot boxes
    
39. At an Assembly election, immediately before the commencement of the poll, the presiding officer shall - 

Questions to be put to voters
    
40.  - (1) In the case of a person applying as an elector at an Assembly election, the presiding officer may and, if required by a candidate or his election or polling agent, shall, put to any person applying for a ballot paper at the time of his application, but not afterwards, the following questions, or either of them - 

    (2) Where at an ordinary election a voter is entitled to give two votes at the polling station and, where the presiding officer has asked both or either of the questions set out in sub-paragraph (1), he may then ask the following question - 

    (3) In the case of an elector applying to vote as proxy at an Assembly election, the presiding officer may and, if required by a candidate or his election or polling agent, shall, put to any person applying for a ballot paper at the time of his application, but not afterwards, the following questions, or either of them - 

    (4) Where at an ordinary election a voter is entitled to give two votes at the polling station and, where the presiding officer has asked both or either of the questions set out in sub-paragraph (3), he may then ask the following question - 

    (5) In the case of a person applying as proxy, the presiding officer may and, if required as mentioned above, shall put the following additional question - 

    (6) If the question set out in sub-paragraph (5) is not answered in the affirmative the presiding officer may and, if required as mentioned above, shall put the following additional question - 

    (7) A ballot paper shall not be delivered to any person required to answer the above questions or any of them unless he has answered the questions or question satisfactorily.

    (8) Save as by this paragraph authorised, no inquiry shall be permitted as to the right of any person to vote.

Challenge of voter
    
41.  - (1) If at the time a person applies for a ballot paper at an Assembly election for the purpose of voting in person, or after he has applied for a ballot paper for that purpose and before he has left the polling station, a candidate or his election or polling agent - 

the presiding officer may order a constable to arrest the applicant, and the order of the presiding officer shall be sufficient authority for the constable so to do.

    (2) A person against whom a declaration is made under this paragraph shall not by reason of it be prevented from voting.

    (3) A person arrested under the provisions of this paragraph shall be dealt with as a person taken into custody by a constable for an offence without a warrant.

Voting procedure
    
42.  - (1) Subject to sub-paragraph (4), at an Assembly election a ballot paper shall be delivered to a voter who applies for one, and immediately before delivery - 

    (2) The voter, on receiving the ballot paper, shall forthwith proceed into one of the compartments in the polling station and there secretly mark his paper and fold it up so as to conceal his vote, and shall then show to the presiding officer the back of the paper, so as to disclose the official mark, and put the ballot paper so folded up into the ballot box in the presiding officer's presence.

    (3) The voter shall vote without undue delay, and shall leave the polling station as soon as he has put his ballot paper into the ballot box.

    (4) At an ordinary election the same copy of the register of electors may be used under sub-paragraph (1) for a constituency election and a regional election and one mark may be placed in that register under sub-paragraph (1)(d) or in the list of proxies under sub-paragraph (1)(e) to denote that a ballot paper has been received in respect of each election except that, where a ballot paper has been issued in respect of one election only, a different mark shall be placed in the register or, as the case may be, list so as to identify the election in respect of which the ballot paper was issued.

Votes marked by presiding officer
    
43.  - (1) The presiding officer at an Assembly election on the application of a voter - 

shall, in the presence of the polling agents, cause the voter's vote to be marked on a ballot paper in a manner directed by the voter, and the ballot paper to be placed in the ballot box.

    (2) The name and number on the register of electors of every voter whose vote is marked in pursuance of this paragraph, and the reason why it is so marked, shall be entered on a list (in this Schedule called "the list of votes marked by the presiding officer").

    (3) In the case of a person voting as proxy for an elector, the number to be entered together with the voter's name shall be the elector's number.

    (4) At an ordinary election where voters are entitled to give two votes at the polling station, the same list of votes marked by the presiding officer may be used for the constituency and regional elections at which the voters are entitled to vote and, where it is so used, an entry in that list shall be taken to mean that the ballot papers were so marked in respect of each election, unless the list identifies the election at which the ballot paper was so marked.

Voting by persons with disabilities
    
44.  - (1) If a voter makes an application to the presiding officer to be allowed, on the ground of - 

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.

    (2) If the presiding officer - 

    (3) For the purposes of this paragraph, a person is a voter with disabilities if he has made such a declaration as is mentioned in sub-paragraph (1), and a person shall be qualified to assist a voter with disabilities to vote, if that person is either - 

    (4) The name and number in the register of electors of every voter whose vote is given in accordance with this paragraph and the name and address of the companion shall be entered on a list (in this Schedule referred to as "the list of voters with disabilities assisted by companions").

    (5) For the purposes of sub-paragraph (4), in the case of a person voting as proxy for an elector, the number to be entered together with the voter's name shall be the elector's number.

    (6) The declaration made by the companion - 

    (7) No fee or other payment shall be charged in respect of the declaration.

    (8) At an ordinary election where voters are entitled to give two votes at the polling station, the same list of voters with disabilities assisted by companions may be used for the constituency and regional elections at which the voters are entitled to vote and, where it is so used, an entry in that list shall be taken to mean that the votes were so given in respect of each election, unless the list identifies the election at which a vote was so given.

Tendered ballot papers
    
45.  - (1) If a person, at an Assembly election, representing himself to be - 

applies for a ballot paper after another person has voted in person either as the elector or his proxy, the applicant shall, on satisfactorily answering the questions permitted by law to be asked at the poll, be entitled, subject to the following provisions of this paragraph, to mark a ballot paper (in this Schedule referred to as "a tendered ballot paper") in the same manner as any other voter.

    (2) A tendered ballot paper shall - 

    (3) The name of the voter and his number on the register of electors shall be entered on a list (in this Schedule referred to as the "tendered votes list").

    (4) In the case of a person voting as proxy for an elector, the number to be endorsed or entered together with the voter's name shall be the number of that elector.

    (5) At an ordinary election where voters are entitled to give two votes at the polling station, the same tendered votes list for the constituency and regional elections at which the voters are entitled to vote may be used and, where it is so used, an entry in that list shall be taken to mean that tendered ballot papers were so marked in respect of each election, unless the list identifies the election at which a tendered ballot paper was so marked.

Spoilt ballot papers
    
46. A voter who has inadvertently dealt with his ballot paper at an Assembly election in such manner that it cannot be conveniently used as a ballot paper may, on delivering it to the presiding officer and proving to his satisfaction the fact of the inadvertence, obtain another ballot paper in the place of the ballot paper so delivered (in this Schedule referred to as "a spoilt ballot paper"), and the spoilt ballot paper shall be immediately cancelled.

Adjournment of poll in case of riot
    
47.  - (1) Where the proceedings at any polling station are interrupted or obstructed by riot or open violence, the presiding officer shall adjourn the proceedings till the following day and shall forthwith give notice - 

    (2) Where the poll is adjourned at any polling station - 

Procedure on close of poll
    
48.  - (1) As soon as practicable after the close of the poll at an ordinary election where electors have been entitled to give two votes at the polling station, the presiding officer shall, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals - 

    (2) Where sub-paragraph (1) does not apply at an Assembly election, as soon as practicable after the close of the poll, the presiding officer shall, in the presence of the polling agents, make up into separate packets, sealed with his own seal and the seals of such polling agents as desire to affix their seals - 

    (3) The presiding officer shall deliver the packets made up under sub-paragraph (1) or (2), or cause them to be delivered, to the constituency returning officer to be taken charge of by him; but if the packets are not delivered by the presiding officer personally to the constituency returning officer, the arrangements for their delivery shall require the constituency returning officer's approval.

    (4) The packets at an Assembly election shall be accompanied by - 

(in this Schedule referred to as "the ballot paper account") made by the presiding officer showing the number of ballot papers entrusted to him, and accounting for them under the heads of ballot papers issued and not otherwise accounted for, unused, spoilt and tendered ballot papers.



COUNTING OF VOTES

Time of, and attendance at, counting of votes
    
49.  - (1) The constituency returning officer at an Assembly election shall - 

    (2) At a regional election a notice under sub-paragraph (1)(b) shall also be given to the regional returning officer.

    (3) At an ordinary election a notice required under sub-paragraph (1)(b) in respect of a constituency or a regional election may be combined with such a notice in respect of the other election.

    (4) At an ordinary election where there are polls at - 

the Secretary of State may direct that the count (excluding the proceedings described in paragraph 50(1)) in respect of each such election shall not begin before such time as is specified in the direction between the hours of 9 in the morning and noon on the day following the close of polls for those elections (disregarding any day mentioned in paragraph 2).

    (5) A direction given under sub-paragraph (4) shall be given not later than 28 days before the date of the ordinary election in question.

    (6) Where a direction is given under sub-paragraph (4), during the period beginning with the conclusion of the proceedings described in paragraph 50(1) and ending with the time specified in the direction, the constituency returning officer shall - 

    (7) No person other than - 

may be present at the proceedings described in paragraph 50(1) or at the counting of the votes, unless permitted by the constituency returning officer.

    (8) A person not entitled to attend at the proceedings described in paragraph 50(1) or at the counting of the votes shall not be permitted to do so by the constituency returning officer unless he - 

    (9) The constituency returning officer shall give the counting agents all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

    (10) In particular, where the votes are counted by sorting the ballot papers according to - 

and then counting the number of ballot papers for each such candidate or party, the counting agents shall be entitled to satisfy themselves that the ballot papers are correctly sorted.

The count
    
50.  - (1) Where voters have been entitled at an ordinary election to give two votes in an Assembly constituency, the constituency returning officer shall - 

    (2) The proceedings described in sub-paragraph (1) may be undertaken at a different place (or at different places) than a place at which the votes given on ballot papers are counted.

    (3) But if the power is so exercised, during the period beginning with the conclusion of the proceedings described in sub-paragraph (1) and ending with the commencement of proceedings described in sub-paragraph (4), the constituency returning officer shall - 

    (4) Subject to sub-paragraphs (2) and (3), following completion of the proceedings described in sub-paragraph (1) the constituency returning officer shall in respect of the ballot papers relating to each election mix together all the ballot papers used at that election and count the votes given on them.

    (5) A postal ballot paper shall not be taken to be duly returned unless before the close of the poll - 

by hand to a polling station in the same constituency, or by hand or by post to the constituency returning officer.

    (6) The presiding officer of the polling station shall deliver or cause to be delivered any postal ballot paper or declaration of identity returned to that polling station to the constituency returning officer in the same manner and at the same time as he delivers, or causes to be delivered, the packets referred to in paragraph 48.

    (7) The constituency returning officer shall not count any tendered ballot paper.

    (8) The constituency returning officer, while counting and recording the number of ballot papers and counting the votes, shall keep the ballot papers with their faces upwards and take all proper precautions for preventing any person from seeing the numbers printed on the back of the papers.

    (9) The constituency returning officer shall verify each ballot paper account by comparing it with the number of ballot papers recorded by him, and the unused and spoilt ballot papers in his possession and the tendered votes list (opening and resealing the packets containing the unused and spoilt ballot papers and the tendered votes list) and shall draw up a statement as to the result of the verification, which any election agent appointed for the purposes of that election may copy; but where the power conferred by sub-paragraph (2) is exercised in respect of more than one place a statement shall be drawn up in respect of each such place.

    (10) The constituency returning officer shall so far as practicable proceed continuously with counting the votes, allowing only time for refreshment, except that he may, in so far as he and the agents appointed for the purpose of that election agree, exclude the hours between 7 in the evening and 9 on the following morning.

shall be as effective as the agreement of his counting agents.

    (11) During the time so excluded the constituency returning officer shall - 

    (12) Where sub-paragraph (1) does not apply - 

    (13) The constituency returning officer shall - 

    (14) Subject to sub-paragraphs (2) and (3), following completion of the proceedings described in sub-paragraph (13) the constituency returning officer shall count the votes given on the ballot papers after - 

Re-count at a constituency election
    
51.  - (1) At a constituency election a candidate or his election agent may, if present when the counting or any re-count of the votes is completed, require the constituency returning officer to have the votes re-counted or again re-counted but the constituency returning officer may refuse to do so if in his opinion the request is unreasonable.

    (2) No step shall be taken on the completion of the counting or any re-count of votes until the candidates and election agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this paragraph.

Re-count of electoral region votes in an Assembly constituency
    
52.  - (1) At a regional election and prior to the certification required by paragraph 56(1) - 

may, if present when the counting or any re-count of the votes is completed in a constituency, require the constituency returning officer to have the votes re-counted or again re-counted but the constituency returning officer may refuse to do so if in his opinion the request is unreasonable.

    (2) No step shall be taken on the completion of the counting or any re-count of votes until the candidates, election agents and counting agents present at its completion have been given a reasonable opportunity to exercise the right conferred by this paragraph.

    (3) Where no candidate or election agent is present on the completion of the counting or any re-count of votes, the right conferred on that person by this paragraph (if he had been present) may be exercised by a counting agent referred to in sub-paragraph (1)(c) so present provided that the counting agent has been appointed for the purposes of this paragraph by a person who also has the right to appoint a counting agent and the requirements of sub-paragraph (4) are met; but not more than one such counting agent for the same individual candidate or group of party list candidates may be appointed for the purposes of this paragraph in relation to the same Assembly constituency.

    (4) Notice in writing of an appointment under sub-paragraph (3), stating the name and address of the person appointed, shall be given by the person making the appointment to the constituency returning officer and shall be so given at the same time as notice is given to that returning officer of that person's appointment as counting agent under paragraph 35(5) or (6).

Rejected ballot papers
    
53.  - (1) Any ballot paper at an Assembly election - 

shall, subject to the provisions of sub-paragraph (2), be void and not counted.

    (2) A ballot paper on which the vote is marked - 

shall not for such reason be deemed to be void if an intention how the vote is to be given clearly appears, and the way the paper is marked does not of itself identify the voter and it is not shown that he can be identified by it.

    (3) At a regional election, a ballot paper on which a vote is marked for a particular party list candidate on the party list of a registered political party shall, if otherwise valid, be treated as a vote for that party, whether or not there is also a vote marked for that party.

    (4) The constituency returning officer shall endorse the word "rejected" on any ballot paper which under this paragraph is not to be counted, and shall add to the endorsement the words "rejection objected to" if an objection is made by a counting agent to his decision.

    (5) The constituency returning officer shall draw up a statement showing the number of ballot papers rejected under the several heads of - 

Decisions on ballot papers
    
54. The decision of the constituency returning officer at an Assembly election on any question arising in respect of a ballot paper shall be final, but shall be subject to review on an election petition.

Equality of votes at a constituency election
     55. At a constituency election, where, after the counting of the votes (including any re-count) is completed, an equality of votes is found to exist between any candidates and the addition of a vote would entitle any of those candidates to be declared elected, the constituency returning officer shall forthwith decide between those candidates by lot, and proceed as if the candidate on whom the lot falls had received an additional vote.

Regional election: conveying results of count etc to regional returning officer
    
56.  - (1) At the conclusion of the count of ballot papers in an Assembly constituency at a regional election the constituency returning officer shall, in accordance with any directions given by the regional returning officer, certify - 

forthwith convey that information to the regional returning officer.

    (2) Where the regional returning officer has received the information required to be conveyed to him under sub-paragraph (1) from each constituency returning officer for an Assembly constituency in the Assembly electoral region, he shall certify the totals of the numbers referred to in sub-paragraph (1) for the electoral region.

    (3) After a constituency returning officer has conveyed to the regional returning officer the information required to be conveyed under sub-paragraph (1) he may give public notice of the information so conveyed (in such manner as he considers appropriate) unless sub-paragraph (4) applies.

    (4) The regional returning officer may direct that the constituency returning officer may only give the notice referred to in sub-paragraph (3) after the regional returning officer has given the notice that he is required to give under paragraph 59(1)(d).



PART IV

FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

Declaration of result at a constituency election
    
57.  - (1) At a contested constituency election, when the result of the poll has been ascertained, the constituency returning officer shall forthwith - 

    (2) At an uncontested constituency election, the statement of persons nominated, in addition to showing the person standing nominated, shall also declare that person elected, and the constituency returning officer shall forthwith return his name and, if applicable, the name of the registered political party referred to in sub-paragraph (1)(b) to the Assembly in accordance with sub-paragraph (4).

    (3) Where sub-paragraph (1) or (2) applies at an ordinary election, the constituency returning officer shall forthwith also notify the regional returning officer for the Assembly electoral region in which the Assembly constituency is situated as to the name of the candidate who has been returned and, if applicable, the name of the registered political party referred to in sub-paragraph (1)(b); and where the name of a candidate and registered political party is so notified, the candidate is to be treated for the purposes of section 6(1)(b) of the 1998 Act as a candidate of the party.

    (4) For the purposes of sub-paragraph (1)(b) and (2) the constituency returning officer shall return those names required to be returned, by - 

and a candidate shall be treated as having been returned as an Assembly member when his name is returned in accordance with this sub-paragraph.

    (5) But in relation to the first ordinary election the references in sub-paragraphs (1)(b), (2) and (4)(b) to the Assembly shall be construed as references to the Secretary of State.

Ascertainment of results at a contested regional election
    
58.  - (1) At a contested regional election, the regional returning officer shall make arrangements for ascertaining the results of the poll in accordance with sections 5 to 7 of the 1998 Act as soon as practicable after he has - 

    (2) At a contested regional election the regional returning officer shall give notice in writing to the election agents and to each constituency returning officer for an Assembly constituency in the Assembly electoral region for which the election is held of the place at which he will begin to ascertain the results of the poll (together with such other information as he considers appropriate).

    (3) No person other than - 

may be present at the ascertainment of the results, unless permitted by the regional returning officer to attend.

    (4) A person not entitled to attend at the proceedings shall not be permitted to do so by the regional returning officer unless he - 

    (5) The regional returning officer shall give the election agents and candidates all such reasonable facilities for overseeing the proceedings, and all such information with respect to them, as he can give them consistently with the orderly conduct of the proceedings and the discharge of his duties in connection with them.

    (6) The regional returning officer shall provisionally ascertain the results of the poll and notify that provisional ascertainment to such of the following persons who are present, namely - 

    (7) Where notification under sub-paragraph (6) has been given to any person, having been given a reasonable opportunity to do so, he may require the regional returning officer to provisionally ascertain those results again but the regional returning officer may refuse to do so if in his opinion the request is unreasonable.

    (8) Where the regional returning officer has provisionally ascertained the results again under sub-paragraph (7), sub-paragraphs (6) and (7) and this sub-paragraph shall apply to the further provisional ascertainment.

    (9) If in ascertaining the results of the poll the regional returning officer draws lots in the circumstances referred to in section 7(9) of the 1998 Act, he shall proceed as if the individual candidate or registered political party on whom the lot falls had received an additional vote.

    (10) Subject to sub-paragraphs (6) to (8), the regional returning officer shall be treated as having ascertained the results of the poll following a provisional ascertainment - 

Declaration of results at a regional election
    
59.  - (1) After the regional returning officer has ascertained the results of the poll, he shall forthwith - 

    (2) At an ordinary election sub-paragraph (1)(a) to (c) and (d)(i) and (ii) shall also apply at an uncontested regional election after completion of the requirements imposed by paragraph 21(4).

    (3) At an uncontested regional election other than at an ordinary election, the statement of persons nominated, in addition to showing the persons standing nominated and the registered political parties which have submitted a party list shall also - 

and the regional returning officer shall forthwith return the names of those persons to the Assembly (and, in respect of any party list candidate, the name of the registered political party for which he was such a candidate) in accordance with sub-paragraph (4).

    (4) For the purposes of sub-paragraphs (1)(c) and (3) the regional returning officer shall return those names required to be returned, by - 

and a candidate shall be treated as having been returned as an Assembly member when his name is returned in accordance with this sub-paragraph.

    (5) But in relation to the first ordinary election of the Assembly the references in sub-paragraphs (1)(c), (3) and (4)(b) to the Assembly shall be construed as references to the Secretary of State.

Return or forfeiture of deposit
    
60.  - (1) The deposit made at an Assembly election under paragraph 10 shall either be - 

    (2) Except in the cases mentioned below in this paragraph, the deposit shall be returned not later than the next day after that on which the result or results of the election are declared.

    (3) For the purposes of sub-paragraph (2) - 

    (4) If - 

is not shown as standing nominated in the statement of persons nominated, or if notice of poll is countermanded or the poll is abandoned by reason of a candidate's death, the deposit shall be returned as soon as practicable after the publication of the statement or after his death.

    (5) Subject to sub-paragraph (4), the deposit shall be forfeited if a poll is taken and after the counting of the votes (including any re-count) - 

is found not to have polled more than one-twentieth of the total number of votes polled by all the candidates or, as the case may be, all the individual candidates and registered political parties.

    (6) Notwithstanding anything in sub-paragraphs (2) to (5), if at an Assembly election a person is shown as standing nominated as - 

and by virtue of such nomination he is in breach of section 5(5) or (6) of the 1998 Act - 



PART V

DISPOSAL OF DOCUMENTS

Sealing up of ballot papers
    
61.  - (1) On the completion of the counting at a contested Assembly election the constituency returning officer shall seal up in separate packets the counted and rejected ballot papers.

    (2) At an ordinary election packets sealed up under sub-paragraph (1) shall not contain ballot papers relating to different elections.

    (3) The constituency returning officer shall not open the sealed packets - 

Delivery of documents to the Assembly
    
62.  - (1) Where a constituency returning officer has conducted a count at an ordinary election for both a constituency and a regional election, he shall then forward to the Clerk to the Assembly the following documents - 

endorsing on each packet - 

    (2) Where a constituency returning officer has conducted a count at an Assembly election and sub-paragraph (1) does not apply, he shall then forward to the Assembly the following documents - 

endorsing on each packet - 

    (3) The constituency returning officer may forward the documents either by delivering them himself or by his agent to the Clerk to the Assembly or by sending them by post.

    (4) If the constituency returning officer sends them by post - 

    (5) On receipt of the documents by the Clerk to the Assembly a receipt shall be given to the person delivering them, and the receipt of those documents shall be registered in books kept for the purpose by the Assembly specifying the date and time of receipt.

    (6) Any receipt to be given for the documents shall show the date and time of their receipt.

Order for production of documents
    
63.  - (1) An order - 

may be made - 

    (2) An order for the opening of a sealed packet referred to in sub-paragraph (1)(b) or for the inspection of any counted ballot papers in the Assembly's custody may be made by an election court.

    (3) An order under this paragraph may be made subject to such conditions as to - 

as the Assembly or court making the order may think expedient; but in making and carrying into effect an order for the opening of a sealed packet referred to in sub-paragraph (1)(b) or for the inspection of counted ballot papers, care shall be taken that the way in which the vote of any particular elector has been given shall not be disclosed until it has been proved - 

    (4) An appeal lies to the High Court from any order of a county court under this paragraph.

    (5) Any power given under this paragraph to the High Court or to a county court, may be exercised by any judge of the court otherwise than in open court.

    (6) Where an order is made for the production by the Assembly of any document in its possession relating to any specified election - 

    (7) The production from proper custody of a ballot paper purporting to have been used at any election, and of a counterfoil marked with the same printed number and having a number marked on it in writing, shall be prima facie evidence that the elector whose vote was given by that ballot paper was the person who at the time of the election had affixed to his name in the register of electors the same number as the number written on the counterfoil.

    (8) Save as by this paragraph provided, no person shall be allowed to inspect any rejected or counted ballot papers in the possession of the Assembly or to open any sealed packets referred to in sub-paragraph (1)(b).

Retention and public inspection of documents
    
64.  - (1) The Assembly shall retain for a year all documents relating to an election forwarded to it in pursuance of this Schedule by a constituency returning officer and then, unless otherwise directed by order of the High Court, may cause them to be destroyed.

    (2) Those documents, except ballot papers, counterfoils and certificates as to employment on duty on the day of the poll, shall be open to public inspection at such time and subject to such conditions as may be sanctioned by the Assembly.

    (3) The Assembly shall, on request, supply copies of or extracts from the documents open to public inspection on payment of such fees and subject to such conditions as it may sanction.



PART VI

DEATH OF CANDIDATE

Countermand or abandonment of poll etc on death of candidate
    
65.  - (1) If at a contested constituency election proof is given to the constituency returning officer's satisfaction before the result of the election is declared that one of the persons named or to be named as candidate in the ballot papers has died, then the constituency returning officer shall - 

and all proceedings with reference to the election shall be commenced afresh in all respects as if publication of notice of election had been given 28 days after the day on which proof was given to the returning officer of the death.

    (2) Where sub-paragraph (1) applies, no fresh nominations shall be necessary in the case of a person shown in the statement of persons nominated as standing nominated.

    (3) Where at an ordinary election there is a contested regional election and the poll at a constituency election for an Assembly constituency in the Assembly electoral region is postponed in accordance with sub-paragraph (1), paragraph 58(1)(b) shall be satisfied when the regional returning officer has received the notification required by paragraph 57(3) in respect of each of the other Assembly constituencies in the Assembly electoral region (other than in respect of an Assembly constituency to which this sub-paragraph also applies).

    (4) Where sub-paragraph (3) applies, the subsequent election of a candidate for the Assembly constituency shall have no effect upon the validity of the election and return of any candidate at the regional election.

    (5) If at a contested regional election proof is given to the regional returning officer's satisfaction before the results of the election are declared that one of the persons named or to be named as a candidate on the ballot paper (whether as an individual or party list candidate) has died and as a result of that death the election becomes uncontested, then the regional returning officer shall - 

    (6) If at a contested regional election proof is given to the regional returning officer's satisfaction before the results of the election are declared that one of the persons named or to be named as a candidate on the ballot paper (whether as an individual or party list candidate) has died, but as a result of that death the election continues to remain contested, the notice of poll shall not be countermanded nor shall the poll be abandoned; and in the event of such a death it shall have no effect upon the validity of the election and return of any candidate at the regional election.

    (7) But where sub-paragraph (6) applies, the regional returning officer shall take such steps as he considers reasonable to publicise in the Assembly electoral region for which the election is held - 

and the regional returning officer shall, in particular, consider whether he should publicise as required by this sub-paragraph by causing notices to be placed outside polling stations.

    (8) Subject to sub-paragraph (9), where a poll is abandoned by reason of a candidate's death the proceedings at or consequent on that poll shall be interrupted, and the presiding officer at any polling station shall take the like steps (so far as not already taken) for the delivery to the constituency returning officer of ballot boxes and of ballot papers and other documents as he is required to take on the close of the poll in due course, and the constituency returning officer shall dispose of ballot papers and other documents in his possession as he is required to do on the completion in due course of the counting of the votes, but - 

    (9) Where at an ordinary election a voter is entitled to give two votes at a polling station but the poll in respect of which the voter is entitled to give one of those votes is abandoned as a result of a candidate's death - 

    (10) The provisions of this Schedule as to the inspection, production, retention and destruction of ballot papers and other documents relating to a poll at an election apply to any such documents relating to a poll abandoned by reason of a candidate's death, with the following modifications - 



PART VII

MISCELLANEOUS

Vacancies: Assembly constituency seats
    
66. Where the date of the poll to fill a vacant seat for an Assembly constituency is fixed by the presiding officer of the Assembly under section 8 of the 1998 Act, he shall forthwith send a notice to the returning officer for the Assembly constituency stating - 

Vacancies: return of electoral region members
    
67.  - (1) Other than where article 100 applies, where it comes to the notice of the presiding officer of the Assembly that the seat of an Assembly member returned from a party list for an Assembly electoral region is vacant, he shall forthwith send a notice in accordance with sub-paragraph (2) to the returning officer for the Assembly electoral region.

    (2) A notice under sub-paragraph (1) shall - 

    (3) Where a regional returning officer receives a notice under sub-paragraph (1), he shall ascertain from the list submitted at the previous ordinary election by the registered political party named in the notice the name and address of the person whose name appears highest on that list ("the prospective member").

    (4) The regional returning officer shall take such steps as appear to him to be reasonable - 

    (5) Where - 

    (6) Where a person is so treated, the regional returning officer shall repeat the procedure required by sub-paragraph (4) in respect of the person (if any) whose name and address appears next highest on that list: and sub-paragraph (5) and this sub-paragraph shall also apply with respect to that person.

    (7) The regional returning officer shall continue to repeat the procedure until the seat is filled or the names on that list are exhausted.

    (8) Subject to sub-paragraph (5)(c), where a prospective member states in writing in response to the question from the regional returning officer under sub-paragraph (4)(a) (including that sub-paragraph as applied by sub-paragraph (6)) that he is willing to serve as an Assembly member for the Assembly electoral region, the regional returning officer shall forthwith declare that person to be returned as a member for the Assembly electoral region; but the date (in accordance with section 9(6) of the 1998 Act) on which he shall be treated as declared to be returned shall be the day on which notification of his name is received by the presiding officer of the Assembly under section 9(2) of the 1998 Act.

    (9) The regional returning officer shall forthwith give public notice of the name - 

    (10) The regional returning officer (as well as notifying to the presiding officer of the Assembly the name of the person who is to fill that vacancy under section 9(2) of the 1998 Act) shall also forthwith return the names referred to in sub-paragraph (9) by - 

    (11) Where following the application of this paragraph the seat continues to be vacant the regional returning officer shall forthwith - 

Return of Assembly members and record of returns etc
    
68.  - (1) The Assembly shall on receipt of a certificate delivered under paragraphs 57(4), 59(4) or, 67(10) or 67(11) enter the information contained in the certificate in a book kept for that purpose at the Assembly (in this paragraph referred to as 'the returns book').

    (2) Where the presiding officer of the Assembly sends a notice under paragraph 66 or 67(1), he shall record in the returns book the fact of the vacancy in the Assembly constituency or electoral region concerned.

    (3) Where the presiding officer of the Assembly concludes that an election to fill a casual vacancy in an Assembly constituency shall not be held because section 8(6) of the 1998 Act applies (date of poll not to be within three months preceeding an ordinary election), he shall - 

    (4) Where it comes to the notice of the presiding officer of the Assembly that - 

he shall record - 

    (5) The returns book shall be open to public inspection at reasonable times and any person may, on payment of a reasonable fee, obtain copies from the book.

    (6) In relation to the first ordinary election, those certificates which by virtue of paragraphs 57(4) and 59(4) are required to be delivered to the Secretary of State shall be forwarded by him to the Assembly as soon as reasonably practicable; and on receipt of those certificates sub-paragraph (1) shall apply as if they had been delivered by, or caused to be delivered by, a constituency or regional returning officer (as the case may be) to the Assembly.

Registered political parties
    
69. References in this Schedule to a registered political party are references to a party registered under Part II of the 2000 Political Parties Act at the time by which notice of election is required to be published in accordance with the Table in paragraph 1(1).

Party's registered nominating officer: discharge of functions
    
70.  - (1) A registered nominating officer for a registered political party may, in writing, appoint one or more persons to discharge all or any of his functions conferred or imposed by this Schedule.

    (2) Where an appointment is made under sub-paragraph (1), a copy of the document which records the writing required by that sub-paragraph shall be delivered - 

    (3) Where a returning officer does not receive a copy of the document required to be delivered to him under sub-paragraph (2), he shall be entitled to treat any function of the registered nominating officer purportedly exercised (or to be exercised) on his behalf by another person as not so exercised (or exercisable).



APPENDIX OF FORMS
Form of individual nomination paper: constituency election

Paragraph 4(1)

Election of a Member

to serve in the National Assembly for Wales


Constituency

Date of election:


The undermentioned person is hereby nominated as a candidate at the above election.

(Please complete in capitals)

Candidate's surname Other name(s) in full Description (for ballot paper) Home address in full (please also include telephone number)

Signed:


Name:


Address:


Date:


Notes

     1. The attention of persons is drawn to the provisions concerning completion of nomination papers and other provisions relating to nomination contained in Schedule 5 to the National Assembly for Wales (Representation of the People) Order 2003.

     2. Where a candidate is commonly known by some title he may be described by his title as if it were his surname.

Ethol Aelod

i wasanaethu yng Nghynulliad Cenedlaethol Cymru

Etholaeth


Dyddiad yr etholiad:


Enwebir drwy hyn y person a grybwyllir isod i fod yn ymgeisydd yn yr etholiad uchod.

Cyfenw'r ymgeisydd Enw arall/enwau eraill yn Ilawn Disgrifiad (ar gyfer y papur pleidleisio) Cyfeiriad cartref yn Ilawn (cynhwyswch y Rhif ffôn hefyd)

Llofnodwyd:




Enw:


Cyfeiriad:








Dyddiad:


Nodiadau

     1. Tynnir sylw personau at y darpariaethau ynglyn â llenwi papurau enwebu a darpariaethau eraill sy'n ymwneud ag enwebu a gynhwysir yn Atodlen 5 i Orchymyn Cynulliad Cenedlaethol Cymru (Cynrychiolaeth y Bobl) 2003.

     2. Lle'r adnabyddir ymgeisydd yn arferol wrth ryw deitl, gellir ei ddisgrifio wrth ei deitl fel pe bai'n gyfenw iddo.

Form of certificate referred to in paragraph 5(1)

Paragraph 5(1)

In accordance with paragraph 5(1) of Schedule 5 to the National Assembly for Wales (Representation of the People) Order 2003, I hereby certify - 

that
is the official candidate of
(name of registered political party) at the election in the
Assembly Constituency on
and that the description of the candidate appearing in the nomination paper by which he is nominated as a candidate is authorised by the party.

Signed
(registered nominating officer)

Date.


*I also request that the party's registered emblem [or if there is more than one registered emblem **, specify which one] appear on the ballot paper against the candidate's name.

Signed
(registered nominating officer)

Date.


Notes

*If this paragraph is not completed a registered emblem of the party will not appear on the ballot paper against the party's name.

**Where there is more than one registered emblem it would be helpful if the emblem requested to appear on the ballot paper is specified by reference to a representation of the emblem that accompanies this certificate.

Yn unol a pharagraff 5(1) o Atodlen 5 i Orchymyn Cynulliad Cenedlaethol Cymru (Cynrychiolaeth y BobI) 2003, yr wyf drwy hyn yn ardystio - 

mai
yw ymgeisydd swyddogol
(enw'r blaid wleidyddol gofrestredig) yn yr etholiad yn Etholaeth Gynulliad
ar
a bod y disgrifiad o'r ymgeisydd sy'n ymddangos yn y papur enwebu y mae wedi'i enwebu drwyddo fel ymgeisydd wedi'i awdurdodi gan y blaid.

Llofnodwyd:
(swyddog enwebu cofrestredig)

Dyddiad:


*Yr wyf yn gofyn hefyd i arwyddlun cofrestredig y blaid[neu, os ces mwy nag un arwyddlun cofrestredig**, nodwch ba un] ymddangos ar y papur pleidleisio gyferbyn ag enw'r ymgeisydd.

Llofnodwyd:
(swyddog enwebu cofrestredig)

Dyddiad:


Nodiadau


*Os na chaiff y paragraff hwn ei lenwi, ni fydd un o arwyddluniau cofrestredig y blaid yn ymddangos ar y papur pleidleisio gyferbyn ag enw'r blaid.

**Lle bo mwy nag un arwyddlun cofrestredig, byddai o gymorth pe bai'r arwyddlun y gofynnid iddo ymddangos ar y papur pleidleisio yn cael ei nodi drwy gyfeirio at ddarluniad o'r arwyddlun a amgaeir gyda'r dystysgrif hon.

Form of individual nomination paper: regional election

Paragraph 6(1)

Election of a Member

to serve in the National Assembly for Wales


Electoral Region

Date of election:


The undermentioned person is hereby nominated as an individual candidate at the above election.

Candidate's surname Other name(s) in full Description(for ballot paper) Home address in full (please also include telephone number)







Date:


Notes

     1. The attention of persons is drawn to the provisions concerning completion of nomination papers and other provisions relating to nomination contained in Schedule 5 to the National Assembly for Wales (Representation of the People) Order 2003.

     2. Where a candidate is commonly known by some title he may be described by his title as if it were his surname.

Ethol Aelod



Enwebir drwy hyn y person a grybwyllir isod i fod yn ymgeisydd unigol yn yr etholiad uchod.

Cyfenw'r ymgeisydd Enw arall/enwau eraill yn llawn Disgrifiad (ar gyfer y papur pleidleisio) Cyfeiriad cartref yn llawn (cynhwyswch y Rhif ffôn hefyd)







Dyddiad:


Nodiadau

     1. Tynnir sylw personau at y darpariaethau ynglycircn â llenwi papurau enwebu a darpariaethau eraill sy'n ymwneud ag enwebu a gynhwysir yn Atodlen 5 i Orchymyn Cynulliad Cenedlaethol Cymru (Cynrychiolaeth y Bobl) 2003.

     2. Lle'r adnabyddir ymgeisydd yn arferol wrth ryw deitl, gellir ei ddisgrifio wrth ei deitl fel pe bai'n gyfenw iddo.

Form of party nomination paper: regional election

Paragraph 7(1)

Election of Members

to serve in the National Assembly for Wales



The undermentioned person(s) is/are hereby nominated as (a) party list candidate(s) at the above election.

(Please complete in capitals)

Description of registered political party (for ballot paper) Candidate's surname Other names in full Home address in full (please also include telephone number)
     1 1 1
     2 2 2
     3 3 3
     4 4 4
     5 5 5
     6 6 6
     7 7 7
     8 8 8
     9 9 9
     10 10 10
     11 11 11
     12 12 12

Date:




Notes

     1. The attention of persons is drawn to the provisions concerning completion of nomination papers and other provisions relating to nomination contained in Schedule 5 to the National Assembly for Wales (Representation of the People) Order 2003.

     2. Where a candidate is commonly known by some title he may be described by his title as if it were his surname.

Ethol Aelodau



Enwebir drwy hyn y person(au) a grybwyllir isod i fod yn ymgeisydd/ymgeiswyr yn yr etholiad uchod.

Disgrifiad o'r blaid wleidyddol gofrestredig (ar gyfer y papur pleidleisio) Cyfenw'r ymgeisydd Enwau eraill yn llawn Cyfeiriad cartref yn llawn (cynhwyswch y Rhif ffôn hefyd)
     1 1 1
     2 2 2
     3 3 3
     4 4 4
     5 5 5
     6 6 6
     7 7 7
     8 8 8
     9 9 9
     10 10 10
     11 11 11
     12 12 12




Dyddiad:


Nodiadau

     1. Tynnir sylw personau at y darpariaethau ynglyn â llenwi papurau enwebu a darpariaethau eraill sy'n ymwneud ag enwebu a gynhwysir yn Atodlen 5 i Orchymyn Cynulliad Cenedlaethol Cymru (Cynrychiolaeth y Bobl) 2003.

     2. Lle'r adnabyddir ymgeisydd yn arferol wrth ryw deitl, gellir ei ddisgrifio wrth ei deitl fel pe bai'n gyfenw iddo.

Form of certificate referred to in paragraph 8(1)

Paragraph 8(1)

In accordance with paragraph 8(1) of Schedule 5 to the National Assembly for Wales (Representation of the People) Order 2003, I hereby certify - 

that
is/are the official candidate(s) of (name of registered political party) at the election in the
Electoral Region on
. and that the description of the party appearing in the nomination paper by which the candidate(s) is/are nominated is authorised by the party.

Signed
(registered nominating officer)

Date .


*I also request that the party's registered emblem [or if there is more than one registered emblem **, specify which one] appear on the ballot paper against the party's name.

Signed
(registered nominating officer)

Date .


Notes

*If this paragraph is not completed a registered emblem of the party will not appear on the ballot paper against the party's name.

**Where there is more than one registered emblem it would be helpful if the emblem requested to appear on the ballot paper is specified by reference to a representation of the emblem that accompanies this certificate.

Yn unol â pharagraff 8(1) o Atodlen 5 i Orchymyn Cynulliad Cenedlaethol Cymru (Cynrychiolaeth y Bobl) 2003, yr wyf drwy hyn yn ardystio - 

mai
yw ymgeisydd/ymgeiswyr swyddogol
(enw'r blaid wleidyddol gofrestredig) yn yr etholiad yn Rhanbarth Etholiadol
ar
a bod y disgrifiad o'r blaid sy'n ymddangos yn y papur enwebu y mae'r ymgeisydd wedi'i enwebu/ymgeiswyr wedi'u henwebu drwyddo wedi'i awdurdodi gan y blaid.

Llofnodwyd: .
(swyddog enwebu cofrestredig)

Dyddiad:


*Yr wyf yn gofyn hefyd i arwyddlun cofrestredig y blaid [neu, os oes mwy nag un arwyddlun cofrestredig**, nodwch ba un] ymddangos ar y papur pleidleisio gyferbyn ag enw'r blaid.

Llofnodwyd: .
(swyddog enwebu cofrestredig)

Dyddiad:


Nodiadau

*Os na chaiff y paragraff hwn ei lenwi, ni fydd un o arwyddluniau cofrestredig y blaid yn ymddangos ar y papur pleidleisio gyferbyn ag enw'r blaid.

**Lle bo mwy nag un arwyddlun cofrestredig byddai o gymorth pe bai'r arwyddlun y gofynnid iddo ymddangos ar y papur pleidleisio yn cael ei nodi drwy gyfeirio at ddarluniad o'r arwyddlun a amgaeir gyda'r dystysgrif hon.

Form of ballot paper: constituency election

Paragraph 23(3)

Front of ballot paper

NATIONAL ASSEMBLY FOR WALES CONSTITUENCY BALLOT CYNULLIAD CENEDLAETHOL CYMRU PLEIDLAIS ETHOLAETH
Vote for one candidate only Pleidleisiwch dros un ymgeisydd yn unig
Mark an ✗ in one box Marciwch ✗ mewn un blwch

1 DAVIES

Rachel Louise

1 Spa Road, Smithfield, Carno

W31 8BA

Labour Party/Y Blaid Lafur

    
2 HENDY

Paul John

18 Lakeside Road, Parkfield, Caersws

W24 7LT

Independent/Annibynnol

    
3 PARRY

Geraint Andrew

20 Smithfield Road, Dyifryn,

Nr Welshpool

W10 9JG

Liberal Democrat/Democratiaid

Rhyddfrydol

    
4 SAMUAL

Julie Anne

4 Craig Road, Hampton, Meifod

W32 6PY

Green Party/Y Blaid Werdd

    
5 THOMAS

Phillip David

2 Long Road, Clatter, Berriew

P78 6BD

Conservative Party/Y Blaid

Geidwadol

    
6 WILLIAMS

David Andrew

19 Ithon Road, Western, Liandinam

W64 9LY

Plaid Cymru - The Party of Wales

    

Back of ballot paper

No/Rhif

Election for the Constituency on

Etholiad dros Etholaeth ar

Directions as to printing the ballot paper: constituency election

Paragraph 23(3)

     1. Nothing is to be printed on the ballot paper except in accordance with these directions.

     2. So far as practicable, the arrangements set down below shall be observed in the printing of the ballot paper.

     3.     (1) This paragraph makes provision in respect of that part of the ballot paper appearing above the highest horizontal rule.

    (2) The group of words in English to the left and the group of words in Welsh to the right are each referred to in these directions as a block (and a block also includes the rectangle and representation in that rectangle of how a vote is to be marked).

    (3) The blocks may be reversed so that the block with the Welsh words is to the left and the block with the English words is to the right.

    (4) The first two lines of each block shall be printed in large capitals.

    (5) The lines of each rectangle in a block are not to be regarded as rules for the purposes of these directions.

     4. No word shall be printed on the face of the ballot paper except the words set out in the form of constituency ballot paper appearing in each block, the particulars of the candidates and words forming part of emblems.

     5. The blocks, the numbers and the particulars of the candidates (except their addresses) shall be printed in bold form on the ballot paper.

     6. No rule shall be printed on the face of the ballot paper except - 

     7. The whole space on the ballot paper between the highest and lowest horizontal rules shall be equally divided by each of the other horizontal rules.

     8. On the ballot paper the surname of each candidate shall in all cases be printed by itself in large capitals, and his full particulars (except his surname) shall be set out below it and shall be printed in ordinary type except that small capitals shall be used - 

     9. Where a registered emblem is to be printed against a candidate's particulars on the ballot paper - 

     10. The number on the back of the ballot paper shall be printed in small characters.

Form of ballot paper: regional election

Paragraph 24(3)

Front of ballot paper

NATIONAL ASSEMBLY FOR WALES CYNULLIAD CENEDLAETHOL CYMRU
REGIONAL BALLOT PLEIDLAIS RANBARTHOL
Vote once only Pleidleisiwch unwaith yn unig
Mark an X in one box Marciwch X mewn un blwch

                                       
                                       
Conservative Party/Y Blaid Geidwadol Democratiaid Rhyddfrydol Cymru/Welsh Liberal Democrats Ffermwyr Cymru/ Farmers of Wales Green Party/Y Blaid Werdd Labour Party/ Y Blaid Lafur Pembroke-shire Party/Plaid Sir Benfro Plaid Cymru-The Party of Wales Sheila Turner
1 Janice Williams 1 David Murphy 1 Anne Black 1 Rees Davies 1 Lorna Harris 1 Andrew Smith 1 Julie Jones Independent
2 Ross Davies 2 Amanda Owen 2 Paulo Viera 2 Morwen Jones 2 Robert Jones 2 Kathy Jackson 2 Derek Davies Annibynnol
3 Sheila Smith 3 John Wallace 3 Sandra Smith 3 Rhodri Lewis 3 Elfyn Rodgers 3 Dafydd Robertson 3 Pauline Cooke     
4 Derek Jones 4 Alison Porter 4 Jack Roberts 4 Megan Davies 4 Walter Nicholas 4 David Barker 4 Dafydd Llewellyn     
5 Louise Davies 5 Ragbar Singah 5 Rebecca Davies 5 Richard Lewis 5 Margot Davies 5 Kathy Dafis 5 Mary Phillips     
6 David Brown 6 Robert Griffiths 6 Glyn Hughes 6 Pat Jones 6 Giles Lloyd 6 William Williams 6 David Carter     
7 Jenny Smith 7 Louise Davies 7 Rachel Owen 7 Azra Ali 7 Janice Thomas 7 Liz Davies 7 Christine Mason     
8 Roger Edwards 8 Stephen Gealy 8 Emyr Williams 8 Jason Talbot 8 Justin Phillips 8 Peter Jones 8 Andrew Wilson     
9 Anne White 9 Debra Smith 9 Karen White 9 Barbara Williams 9 Ann Lewis 9 Jackie Rosser 9 Clare Smith     
10 Emma Black 10 David Williams 10 Mike Griffiths 10 Wyn Lewis 10 Phillip Williams 10 Ann David 10 Ryan Jones     
11 Mark Thomas 11 Alison Jones 11 Hayley Jones 11 Sian Jones 11 Jacky Long 11 Angus Lightbody 11 Joan Thompson     
12 Sarah Bafer 12 Geraint Parry 12 Daniel Bakayoto 12 Bert Francis 12 David Davies 12 Joy Young 12 Tony Jones  

Back of ballot paper

No/Rhif

Election for the Electoral Region on

Etholiad dros Ranbarth Etholiadol ar

Note: The number on the ballot paper is to correspond with that on the counterfoil. The back is also to include a mark or other distinguishing feature (which may be part of the number) to identify the Assembly constituency in which the ballot paper is to be used.

Directions as to printing the ballot paper: regional election

Paragraph 24(3)

     1. Nothing is to be printed on the ballot paper except in accordance with these directions.

     2. So far as practicable, the arrangements set down below shall be observed in the printing of the ballot paper.

     3.  - (1) This paragraph makes provision in respect of that part of the ballot paper appearing above the higher horizontal rule.

    (2) The group of words in English to the left and the group of words in Welsh to the right are each referred to in these directions as a block (and a block also includes the rectangle and representation in that rectangle of how a vote is to be marked).

    (3) The blocks may be reversed so that the block with the Welsh words is to the left and the block with the English words is to the right.

    (4) The first two lines of each block shall be printed in large capitals.

    (5) The lines of each rectangle in a block are not to be regarded as rules for the purposes of these directions.

     4. No word shall be printed on the face of the ballot paper except the words set out in the form of regional ballot paper appearing in each block, the descriptions of registered political parties, the names and descriptions of individual candidates, the names of party list candidates and words forming part of registered emblems.

     5. The blocks, the descriptions of registered political parties, the names and descriptions of individual candidates and the sides of the rectangles in which a vote is to be marked shall be printed in bold form on the ballot paper.

     6. No horizontal rule shall be printed on the face of a ballot paper except the higher horizontal rule immediately below the blocks and the lower horizontal rule at the foot of the ballot paper.

     7. No vertical rule shall be printed on the face of a ballot paper except - 

     8. The lines of each rectangle in which a vote may be marked are not to be regarded as rules for the purposes of these directions.

     9. The whole space on the ballot paper between the vertical rules referred to in paragraph 7(d) and (e) shall be equally divided by each of the other vertical rules.

     10. On the ballot paper the surname of each individual and party list candidate shall be printed so that his surname is placed after his other name or names.

     11. Where a registered emblem is to be printed against a registered political party's description on the ballot paper - 

     12. The number on the back of the ballot paper shall be printed in small characters.

Form of elector's pollcard referred to in paragraph 33(4)

Paragraph 33(4)

Front of form

Official Poll Card/ Cerdyn Pleidleisio Swyddogol

Polling Day/Dyddiad Pleidleisio:


Electoral Region

Rhanbarth Etholiadol



Number on register:

Rhif ar y gofrestr:

Constituency

Etholaeth

    
Your Polling Station will be:

Yr Orsaf Bleidleisio i chi fydd:



Name:

Enw:

Address:

Cyfeiriad:

Polling Hours 7 am to 10 pm

Oriau Pleidleisio 7 am hyd 10 pm

    
If undelivered return to the Returning Officer


Os nad â i ben ei daith dychweler i'r Swyddog Canlyniadau


    

Back of form

National Assembly for Wales

This card is for information only. You can vote without it, but it will save time if you take it to the polling station and show it to the clerk there.

When you go to the polling station, tell the clerk your number on the register, your name and address, as shown on the front of the card. The presiding officer will give you your ballot papers; see that he stamps the official mark on them, before he gives them to you.

Go to one of the compartments. You may vote once only on each ballot paper. Do not vote more than once. Mark your choice with a cross (✗). Put no other mark on the ballot paper, or your vote may not be counted.

Fold the ballot papers in two. Show the official mark to the presiding officer, but do not let anyone see your vote. Put the ballot papers in the ballot box and leave the polling station.

If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.

If you have appointed a proxy to vote in person for you, you may nevertheless vote at the election if you do so before your proxy has voted on your behalf.

If you have been granted a postal vote, you will not be entitled to vote in person at the election, so please ignore this poll card.

Issued by the Returning Officer

Cynulliad Cenedlaethol Cymru

Cerdyn ar gyfer gwybodaeth yn unig yw hwn. Gallwch bleidleisio hebddo, ond bydd yn arbed amser os ewch ag ef i'r orsaf bleidleisio a'i ddangos i'r clerc yno.

Pan ewch i'r orsaf bleidleisio, rhowch eich Rhif ar y gofrestr, eich enw a'ch cyfeiriad i'r clerc, fel y'u gwelir ar du blaen y cerdyn. Bydd y swyddog llywyddu yn rhoi papurau pleidleisio i chi; gwnewch yn siwr ei fod yn rhoi'r stamp swyddogol arnynt cyn eu rhoi i chi.

Ewch i un o'r cabanau. Cewch bleidleisio unwaith yn unig ar bob papur pleidleisio. Peidiwch â phleidleisio fwy nag unwaith. Marciwch eich dewis â chroes (✗). Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.

Plygwch y papurau pleidleisio yn ddau. Dangoswch y marc swyddogol i'r swyddog llywyddu, ond peidiwch â gadael i neb weld eich pleidlais. Rhowch y papurau pleidleisio yn y blwch pleidleisiau ac ewch allan o'r orsaf bleidleisio.

Os bydd i chi ddifetha papur pleidleisio drwy gamgymeriad, dangoswch y papur pleidleisio i'r swyddog llywyddu a gofyn am un arall.

Os ydych wedi penodi dirprwy i bleidleisio'n bersonol ar eich rhan, gallwch fodd bynnag bleidleisio yn yr etholiad hwn yr un fath os gwnewch hynny cyn i'ch dirprwy bleidleisio ar eich rhan.

Os rhoddwyd pleidlais drwy'r post i chi, ni fydd gennych hawl i bleidleisio'n bersonol yn yr etholiad, felly anwybyddwch y cerdyn pleidleisio hwn.

Cyhoeddwyd Gan Y Swyddog Canlyniadau

Form of elector's pollcard referred to in paragraph 33(5)

Paragraph 33(5)

Front of form

Official Poll Card/ Cerdyn Pleidleisio Swyddogol

Polling Day/Dyddiad Pleidleisio:


Constituency/Electoral Region

Etholaeth/Rhanbarth Etholiadol



Number on register:

Rhif ar y gofrestr:

Your Polling Station will be:

Yr Orsaf Bleidleisio i chi fydd:



Name:

Enw:

Polling Hours 7 am to 10 pm

Oriau Pleidleisio 7 am hyd 10 pm



Address:

Cyfeiriad:

If undelivered return to the Returning Officer


Os nad â i ben ei daith dychweler i'r Swyddog Canlyniadau.


    

Back of form

National Assembly for Wales

This card is for information only. You can vote without it, but it will save time if you take it to the polling station and show it to the clerk there.

When you go to the polling station, tell the clerk your number on the register, your name and address, as shown on the front of the card. The presiding officer will give you your ballot paper; see that he stamps the official mark on it, before he gives it to you.

Go to one of the compartments. You may vote once only on the ballot paper. Do not vote more than once. Mark your choice with a cross (✗). Put no other mark on the ballot paper, or your vote may not be counted.

Fold the ballot paper in two. Show the official mark to the presiding officer, but do not let anyone see your vote. Put the ballot paper in the ballot box and leave the polling station.

If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.

If you have appointed a proxy to vote in person for you, you may nevertheless vote at the election if you do so before your proxy has voted on your behalf.

If you have been granted a postal vote, you will not be entitled to vote in person at the election, so please ignore this poll card.

Issued by the Returning Officer

Cynulliad Cenedlaethol Cymru

Cerdyn ar gyfer gwybodaeth yn unig yw hwn. Gallwch bleidleisio hebddo, ond bydd yn arbed amser os ewch ag ef i'r orsaf bleidleisio a'i ddangos i'r clerc yno.

Pan ewch i'r orsaf bleidleisio, rhowch eich Rhif ar y gofrestr, eich enw a'ch cyfeiriad i'r clerc, fel y'u gwelir ar du blaen y cerdyn. Bydd y swyddog llywyddu yn rhoi papur pleidleisio i chi; gwnewch yn siwr ei fod yn rhoi'r stamp swyddogol arno cyn ei roi i chi.

Ewch i un o'r cabanau. Cewch bleidleisio unwaith yn unig ar y papur pleidleisio. Peidiwch â phleidleisio fwy nag unwaith. Marciwch eich dewis â chroes (✗). Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.

Plygwch y papur pleidleisio yn ddau. Dangoswch y marc swyddogol i'r swyddog llywyddu ond peidiwch â gadael i neb weld eich pleidlais. Rhowch y papur pleidleisio yn y blwch pleidleisiau ac ewch allan o'r orsaf bleidleisio.

Os bydd i chi ddifetha papur pleidleisio drwy gamgymeriad, dangoswch y papur pleidleisio i'r swyddog llywyddu a gofyn am un arall.

Os ydych wedi penodi dirprwy i bleidleisio'n bersonol ar eich rhan, gallwch fodd bynnag bleidleisio yn yr etholiad hwn yr un fath os gwnewch hynny cyn i'ch dirprwy bleidleisio ar eich rhan.

Os rhoddwyd pleidlais drwy'r post i chi, ni fydd gennych hawl i bleidleisio'n bersonol yn yr etholiad, felly anwybyddwch y cerdyn pleidleisio hwn.

Cyhoeddwyd Gan Y Swyddog Canlyniadau

Form of proxy's pollcard referred to in paragraph 33(6)

Paragraph 33(6)

Front of form

Proxy's Official Poll Card

Cerdyn Pleidleisio Swyddogol Dirprwy

Polling Day:

Dyddiad Pleidleisio:

If undelivered, return to the Returning Officer at: - 

Os nad â i ben ei daith dychweler i'r Swyddog Canlyniadau yn: - 

Back of form

(i) Electoral Region/ Rhanbarth Etholiadol

To vote as proxy you must go to the named polling station. Tell the clerk that you wish to vote as proxy; give the number on the register, name and qualifying address of the elector, as follows: - 

    
(ii) Constituency/Etholaeth

I bleidleisio fel dirprwy, rhaid i chi fynd i'r orsaf bleidleisio a enwir. Dywedwch wrth y clerc eich bod am bleidleisio fel dirprwy; rhowch y Rhif ar y gofrestr, enw a chyfeiriad cymhwyso'r etholwr, fel hyn: - 

    
The elector named, whose proxy you are, is entitled to vote at the polling station -  Number on register:
     Rhif ar y gofrestr:
Mae gan yr etholwr a enwir, yr ydych yn ddirpwy drosto, hawl i bleidleisio yn yr orsaf bleidleisio -  Name:
     Enw:
     Address:
     Cyfeiriad:
Polling Hours 7 am to 10 pm Oriau Pleidleisio 7 am hyd 10 pm The presiding officer will give you the elector's ballot papers. The method of voting as proxy is the same as for casting your own vote. It is an offence to vote as proxy for some other person if you know that that person is subject to a legal incapacity to vote, eg if that person has been convicted and is detained in a penal institution in pursuance of his sentence. It is also an offence to vote for more than 2 persons of whom you are not the husband, wife, parent, grandparent, brother, sister, child or grandchild. The person who appointed you as proxy may himself vote in person at this election if he is able, and wishes to do so and if he votes before you vote on his behalf.
     Bydd y swyddog llywyddu n rhoi papurau pleidleisio'r etholwr i chi. Mae'r dull o bleidleisio fel dirprwy yr un fath â'r dull o fwrw eich pleidlais eich hun. Mae'n drosedd i chi bleidleisio fel dirprwy ar ran rhyw berson arall os gwyddoch fod y person hwnnw wedi'i anghymwyso yn ôl y gyfraith rhag pleidleisio, ee os cafwyd y person hwnnw'n euog a'i fod yn cael ei gadw mewn sefydliad cosbi yn unol â'r ddedfryd a gawsai. Trosedd hefyd yw pleidleisio ar ran mwy na 2 berson heb eich bod yn wcircr, gwraig, rhiant, tadcu (taid), mamgu (nain), brawd, chwaer, plentyn neu wcircyr new wyres iddynt. Gall y person a'ch penododd chi weithredu fel dirprwy bleidleisio'n bersonol yn yr etholiad hwn os bydd yn gallu ac yn dymuno gwneud hynny ac yn pleidleisio cyn i chi bleidleisio yn ei le.

Issued by the Returning Officer

Cyhoeddwyd Gan Y Swyddog Canlyniadau

Form of proxy's pollcard referred to in paragraph 33(7)

Paragraph 33(7)

Front of form

Proxy's Official Poll Card

Cerdyn Pleidleisio Swyddogol Dirprwy

Polling Day:

Dyddiad Pleidleisio:

If undelivered, return to the Returning Officer at: - 

Os nad â i ben ei daith, dychweler i'r Swyddog Canlyniadau yn: - 

Back of form

Constituency/Electoral Region To vote as proxy you must go to the named polling station. Tell the clerk that you wish to vote as proxy; give the number on the register, name and qualifying address of the elector, as follows: - 

    
Etholaeth/Rhanbarth Etholiadol     

I bleidleisio fel dirprwy, rhaid i chi fynd i'r orsaf bleidleisio a enwir. Dywedwch wrth y clerc eich bod am bleidleisio fel dirprwy; rhowch y Rhif ar y gofrestr, enw a chyfeiriad cymhwyso'r etholwr, fel hyn: - 
The elector named, whose proxy you are, is entitled to vote at the polling station -  Number on register:
Mae gan yr etholwr a enwir, yr ydych yn ddirpwy drosto, hawl i bleidleisio yn yr orsaf bleidleisio -  Rhif ar y gofrestr:
     Name:
     Enw:
     Address:
     Cyfeiriad:
Polling Hours 7 am to 10 pm Oriau Pleidleisio7 am hyd10 pm The presiding officer will give you the elector's ballot paper. The method of voting as proxy is the same as for casting your own vote. It is an offence to vote as proxy for some other person if you know that that person is subject to a legal incapacity to vote, eg if that person has been convicted and is detained in a penal institution in pursuance of his sentence. It is also an offence to vote for more than 2 persons of whom you are not the husband, wife, parent, grandparent, brother, sister, child or grandchild. The person who appointed you as proxy may himself vote in person at this election if he is able, and wishes to do so and if he votes before you vote on his behalf.
     Bydd y swyddog llywyddu yn rhoi papur pleidleisio'r etholwr i chi. Mae'r dull o bleidleisio fel dirprwy yr un fath â'r dull o fwrw eich pleidlais eich hun. Mae'n drosedd i chi bleidleisio fel dirprwy ar ran rhyw berson arall os gwyddoch fod y person hwnnw wedi'i anghymwyso yn ôl y gyfraith rhag pleidleisio, ee os cafwyd y person hwnnw'n euog a'i fod yn cael ei gadw mewn sefydliad cosbi yn unol â'r ddedfryd a gawsai. Trosedd hefyd yw pleidleisio ar ran mwy na 2 berson heb eich bod yn wcircr, gwraig, rhiant, tadcu (taid), mamgu (nain), brawd, chwaer, plentyn neu wcircyr new wyres iddynt. Gall y person a'ch penododd chi i weithredu fel dirprwy bleidleisio'n bersonol yn yr etholiad hwn os bydd yn gallu ac yn dymuno gwneud hynny ac yn pleidleisio cyn i chi bleidleisio yn ei le.

Issued by the Returning Officer

Cyhoeddwyd Gan Y Swyddog Canlyniadau

Form of directions for the guidance of voters in voting referred to in paragraph 34(12)

Paragraph 34(12)

Guidance for Voters

     1. When you are given a ballot paper make sure it is stamped with the official mark.

     2. Go to one of the compartments. You may vote once only on each ballot paper. Do not vote more than once. Mark your choice with a cross(✗). Put no other mark on the ballot paper, or your vote may not be counted.

     3. Fold the ballot papers in two. Show the official mark to the presiding officer, but do not let anyone see your vote. Put the ballot papers in the ballot box and leave the polling station.

     4. If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.

Cyfarwyddyd I Bleidleiswyr

     1. Pan roir i chi bapur pleidleisio gwnewch yn siwr iddo gael ei stampio â'r marc swyddogol.

     2. Ewch i un o'r cabanau. Cewch bleidleisio unwaith yn unig ar bob papur pleidleisio. Peidiwch â phleidleisio fwy nag unwaith. Marciwch eich dewis â chroes (✗). Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chyfrifir eich pleidlais.

     3. Plygwch y papurau pleidleisio yn ddau. Dangoswch y marc swyddogol i'r swyddog llywyddu, ond peidiwch â gadael i neb weld eich pleidlais. Rhowch y papurau pleidleisio yn y blwch pleidleisiau a mynd allan o'r orsaf bleidleisio.

     4. Os bydd i chi drwy gamgymeriad ddifetha papur pleidleisio, dangoswch ef i'r swyddog llywyddu a gofyn am un arall.

Form of directions for the guidance of voters in voting referred to in paragraph 34(13) and (14)

Paragraph 34(13) and (14)

Guidance for Voters

     1. When you are given a ballot paper make sure it is stamped with the official mark.

     2. Go to one of the compartments. You may vote once only on the ballot paper. Do not vote more than once. Mark your choice with a cross (✗). Put no other mark on the ballot paper, or your vote may not be counted.

     3. Fold the ballot paper in two. Show the official mark to the presiding officer, but do not let anyone see your vote. Put the ballot paper in the ballot box and leave the polling station.

     4. If by mistake you spoil a ballot paper, show it to the presiding officer and ask for another one.

Cyfrwyddyd I Bleidleiswyr

     1. Pan roir i chi bapur pleidleisio gwnewch yn siwr iddo gael ei stampio â'r marc swyddogol.

     2. Ewch i un o'r cabanau. Cewch bleidleisio unwaith yn unig ar y papur pleidleisio. Peidiwch â phleidleisio fwy nag unwaith. Marciwch eich dewis â chroes (✗). Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chyfrifir eich pleidlais.

     3. Plygwch y papur pleidleisio yn ddau. Dangoswch y marc swyddogol i'r swyddog llywyddu, ond peidiwch â gadael i neb weld eich pleidlais. Rhowch y papur pleidleisio yn y blwch pleidleisiau a mynd allan o'r orsaf bleidleisio.

     4. Os bydd i chi drwy gamgymeriad ddifetha papur pleidleisio, dangoswch ef i'r swyddog llywyddu a gofyn am un arall

Form of declaration to be made by the companion of a voter with disabilities

Paragraph 44(6)

National Assembly for Wales

I, A B, of
, having been requested to assist C D, (in the case of a voter with disabilities voting as proxy add voting as proxy for M N) whose number on the register is
to record his vote at the Assembly election now being held in this [constituency] [and] [electoral region], hereby declare that [I am entitled to vote as an elector at the said election(s)] [I am the [father] [mother] [brother] [sister] [husband] [wife] [son] [daughter] of the said voter and have attained the age of 18 years)], and that I have not previously assisted any voter with disabilities [except E.F, of.
] to vote at the said election(s).

(Signed) A B,

day of


I, the undersigned, being the presiding officer for the
polling station for the
[Constituency] [and] [Electoral Region], hereby certify that the above declaration, having been first read to the above-named declarant, was signed by the declarant in my presence.

(Signed) G.H,


day of.


at minutes past o'clock (am) (pm)

NOTE - If the person making the above declaration knowingly and wilfully makes therein a

statement false in a material particular, he will be guilty of an offence.

A voter with disabilities is a voter who has made a declaration under Schedule 5 to the National Assembly for Wales (Representation of the People) Order 2003 that he is so incapacitated by his blindness or other disability, or by his inability to read, as to be unable to vote without assistance.

Cynulliad Cenedlauthol Cymru

Yr wyf fi, A B o.
,ar ôl cael cais i gynorthwyo C D, (yn achos pleidleisiwr anabl sy'n gweithredu fel dirprwy ychwaneger sy'n pleidleisio fel dirprwy ar ran M.N), sef Rhif .
ar y gofrestr, i gofnodi ei bleidlais yn yr etholiad i'r Cynulliad a gynhelir yn awr yn yr [etholaeth hon] [â'r] [rhanbarth etholiadol hwn], yn datgan drwy hyn [fod gennyf hawl i bleidleisio fel etholwr yn yr etholiad(au) a enwyd] [mai fi yw [tad] [mam] [brawd] [chwaer] [gwr] [gwraig] [mab] [merch]] y pleidleisiwr a enwyd ac wedi cyrraedd fy 18 mlwydd oed), ac na fu i mi o'r blaen gynorthwyo unrhyw bleidleisiwr anabl [ac eithrio E.F, o
] i bleidleisio yn yr etholiad(au) a enwyd.

(Llofnodwyd) A.B,

y.dydd o fis

Yr wyf fi, y gwelir fy llofnod isod, sef swyddog llywyddu gorsaf bleidleisio.
ar gyfer [Etholaeth] [a] [Rhanbarth Etholiadol]
, yn ardystio drwy hyn fod y datganiad uchod wedi ei ddarllen I ddechrau yng nghlyw'r datganydd a enwir uchod, a bod y datganydd wedi ei lofnodi wedyn yn fy ngwydd.

(Llofnodwyd) G.H,

y
dydd o fis.

Am munud wedi o'r gloch (am) (pm)

NODYN - Os bydd y person sy'n gwneud y datganiad uchod yn ymwybodol ac yn fwriadol yn dweud rhywbeth ffug ynddo ynglyn ag unrhyw fater o bwys, bydd yn euog o drosedd.

Pleidleisiwr anabl yw pleidleisiwr sydd wedi datgan dan Atodlen 5 i Orchymyn Cynylliad Cenedlaethol Cymru (Cynrychiolaeth y Bobl) 2003 nad yw'n gallu pleidleisio heb gymorth am ei fod yn anabl drwy ei ddalineb neu drwy anabledd arall, neu o achos anallu i ddarllen.

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

Paragraph 57(4)(a)

National Assembly for Wales

Certification by the constituency returning officer in respect of the election of a member for an Assembly constituency

I hereby certify that the Member elected to the National Assembly for Wales for the
Constituency at the election on [date of poll] is:


(Full name of member)
(name of registered political party, if applicable)

Address of Member:













(Signed)


Constituency Returning Officer

Date:

Cynulliad Cenedlaethol Cymru

Ardystiad gan swyddog canlyniadau'r etholaeth mewn perthynas ag ethol aelod ar gyfer un o etholaethau'r Cynulliad

Yr wyf drwy hyn yn ardystio mai:


Enw'r aelod yn llawn)


(enw'r blaid wleidyddol gofrestredig, os yw'n gymwys)

Cyfeiriad yr Aelod:













yw'r Aelod a etholwyd i Gynulliad Cenedlaethol Cymru dros Etholaeth
yn yr etholiad ar [dyddiad y bleidlais].

Dyddiad:

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

Paragraph 59(4)(a)

National Assembly for Wales

Certification by the regional returning officer in respect of the election of members for an Assembly electoral region

I hereby certify that the persons elected to the National Assembly for Wales to serve as Members for the
Electoral Region at the election held on [date of poll] are:

     1
(Full name of member)


(name of registered political party, if applicable)

Address of Member:













     2
(Full name of member)


(name of registered political party, if applicable)

Address of Member:













     3
. (Full name of member)


(name of registered political party, if applicable)

Address of Member:













     4
(Full name of member)


(name of registered political party, if applicable)

Address of Member:













(Signed)


Regional Returning Officer

Date:

Cynulliad Cenedlaethol Cymru

Ardystiad gan y swyddog canlyniadau rhanbarthol mewn perthynas ag ethol aelodau yn un o ranbarthau etholiadol y Cynulliad

Yr wyf drwy hyn yn ardystio mai:

     1
(Enw'r aelod yn llawn)


(enw'r blaid wleidyddol gofrestredig, os yw'n gymwys)

Cyfeiriad yr Aelod:













     2
(Enw'r aelod yn Ilawn)


(enw'r blaid wleidyddol gofrestredig, os yw'n gymwys)

Cyfeiriad yr Aelod:

     3
(Enw'r aelod yn Ilawn)


(enw'r blaid wleidyddol gofrestredig, os yw'n gymwys)

Cyfeiriad yr Aelod:

     4
(Enw'r aelod yn llawn)

    
(enw'r blaid wleidyddol gofrestredig, os yw'n gymwys)

Cyfeiriad yr Aelod:













yw'r personau a etholwyd i Gynulliad Cenedlaethol Cymru i wasanaethu yn

Aelodau dros Ranbarth Etholiadol.
yn yr etholiad a gynhaliwyd ar [dyddiad y bleidlais]:

(Llofnodwyd) .


Swyddog Canlyniadau Rhanbarthol

Dyddiad:

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

Paragraph 67(10)(a)

National Assembly for Wales

Certification by the regional returning officer in respect of the return of a member to fill a casual vacancy in an Assembly electoral region under section 9 of the Government of Wales Act 1998

I hereby certify that in accordance with the provisions of section 9(1) to (6) of the Government of Wales Act 1998 the following person is declared returned to serve as Member in the National Assembly for Wales for the.
Electoral Region


(Full name of member)


(name of registered political party)

Address of Member:













(Signed) .


Regional Returning Officer

Date:

Cynulliad Cenedlaethol Cymru

Ardystiad gan y swyddog canlyniadau rhanbarthol mewn perthynas ag ethol aelod i lenwi sedd wag achlysurol yn un o ranbarthau etholiadol y Cynulliad o dan adran 9 o Ddeddf Llywodraeth Cymru 1998

Yn unol â darpariaethau adran 9(1)(6) o Ddeddf Llywodraeth Cymru 1998 yr wyf drwy hyn yn ardystio y datganwyd bod y person canlynol wedi'i ethol i wasanaethu fel Aelod yng Nghynulliad Cenedlaethol Cymru dros Ranbarth Etholiadol.



(Enw llawn yr aelod)


(enw'r blaid wleidyddol gofrestredig)

Cyfeiriad yr aelod:













(Llofnodwyd) .


Swyddog Canlyniadau Rhanbarthol

Dyddiad:

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

Paragraph 67(11)(b)

National Assembly for Wales

Certification by the regional returning officer that by virtue of section 9(7)(b) of the Government of Wales Act 1998 a vacancy in an Assembly electoral region shall remain vacant until the next ordinary election

I hereby certify that in accordance with the provisions of section 9(7)(b) of the Government of Wales Act 1998 the seat which is vacant in the under-mentioned electoral region shall remain vacant until the next ordinary election for the National Assembly for Wales..
Electoral Region

(Signed) .


Regional Returning Officer

Date:

Cynulliad Cenedlaethol Cymru

Ardystiad gan y swyddog canlyniadau rhanbarthol y bydd sedd wag yn un o ranbarthau etholiadol y Cynulliad yn aros yn wag tan yr etholiad cyffredin nesaf, yn rhinwedd adran 9(7)(b) o Ddeddf Llywodraeth Cymru 1998

Yn unol â darpariaethau adran 9(7)(b) o Ddeddf Llywodraeth Cymru 1998 yr wyf drwy hyn yn ardystio y bydd y sedd sy'n wag yn y rhanbarth etholiadol a enwir isod yn aros yn wag tan etholiad cyifredin nesaf Cynulliad Cenedlaethol Cymru.


Rhanbarth Etholiadol

(Llofnodwyd) .


Swyddog Canlyniadau Rhanbarthol

Dyddiad:



SCHEDULE 6
Article 39


CONTROL OF DONATIONS TO CANDIDATES




ARRANGEMENT OF PARAGRAPHS


PART I

GENERAL
1. Interpretation.
2. Donations: general rules.
3. Sponsorship.
4. Payments etc not to be regarded as donations.
5. Value of donations.

PART II

CONTROLS ON DONATIONS
6. Prohibition on accepting donations from impermissible donors.
7. Acceptance or return of donations.
8. Transfer of donations received by candidate to election agent.
9. Evasion of restrictions on donations.

PART III

REPORTING ON DONATIONS
10. Statement of relevant donations.
11. Donations from permissible donors.
12. Donations from impermissible donors.


PART I

GENERAL

Interpretation
    
1. For the purposes of this Schedule, unless the context otherwise requires: - 

Donations: General Rules
     2.  - (1) "Donation", in relation to a candidate at an Assembly election, means (subject to paragraph 4)  - 

    (2) Where  - 

the transfer of the money or property shall (subject to sub-paragraph (4)) constitute a gift to the candidate or (as the case may be) his election agent for the purposes of sub-paragraph (1)(a).

    (3) In determining  - 

regard shall be had to the total value in monetary terms of the consideration provided by or on behalf of the candidate in respect of the loan or the provision of the property, services or facilities.

    (4) Where (apart from this sub-paragraph) anything would be a donation both by virtue of sub-paragraph (1)(b) and by virtue of any other provision of this paragraph, sub-paragraph (1)(b) (together with paragraph 3 ) shall apply in relation to it to the exclusion of the other provision of this paragraph.

    (5) The reference in sub-paragraph (1)(c) to money spent as mentioned in that provision is a reference to money so spent by a person, other than the candidate, his election agent or any sub-agent, out of his own resources (with no right to reimbursement out of the resources of any such other person); and where, by virtue of sub-paragraph (1)(c), money so spent constitutes a donation to the candidate, the candidate shall be treated as receiving an equivalent amount on the date on which the money is paid to the creditor in respect of the expenses in question.

    (6) In this paragraph  - 

Sponsorship
    
3.  - (1) For the purposes of this Schedule sponsorship is provided in relation to a candidate if  - 

    (2) In sub-paragraph (1) "defined expenses" means expenses in connection with  - 

    (3) The following do not, however, constitute sponsorship by virtue of sub-paragraph (1) above  - 

    (4) In this paragraph "publication" means a publication made available in whatever form and by whatever means (whether or not to the public at large or any section of the public).

Payments etc not to be regarded as donations
    
4.  - (1) None of the following shall be regarded as a donation  - 

    (2) There shall also be disregarded any donation whose value (determined in accordance with paragraph 5) is not more than £50.

Value of donations
    
5.  - (1) The value of any donation falling within paragraph 2(1)(a) (other than money) shall be taken to be the market value of the property in question.

    (2) Where, however, paragraph 2 (1)(a) applies by virtue of paragraph 2 (2), the value of the donation shall be taken to be the difference between  - 

    (3) The value of any donation falling within paragraph 2(1)(b) shall be taken to be the value of the money, or (as the case may be) the market value of the property, transferred as mentioned in paragraph 3(1); and accordingly any value in monetary terms of any benefit conferred on the person providing the sponsorship in question shall be disregarded.

    (4) The value of any donation falling within paragraph 2(1)(d) or (e) shall be taken to be the amount representing the difference between  - 

    (5) Where a donation such as is mentioned in sub-paragraph (4) confers an enduring benefit on the donee over a particular period, the value of the donation  - 

    (6) In this paragraph "market value" in relation to any property, means the price which might reasonably be expected to be paid for the property on a sale in the open market.



PART II

CONTROLS ON DONATIONS

Prohibition on accepting donations from impermissible donors
    
6.  - (1) A relevant donation received by a candidate or his election agent must not be accepted if  - 

    (2) For the purposes of this Schedule any relevant donation received by a candidate or his election agent which is an exempt trust donation shall be regarded as a relevant donation received by the candidate or his election agent from a permissible donor; and section 162 of the 2000 Act (interpretation: exempt trust donations) shall apply for the purposes of this Schedule as is applies for the purposes of that Act.

    (3) But, for the purposes of this Schedule, any relevant donation received by a candidate or his election agent from a trustee of any property (in his capacity as such) which is not  - 

    (4) Where any person (" the principal donor") causes an amount (" the principal donation") to be received by a candidate or his election agent by way of a relevant donation  - 

then for the purposes of this Part each individual contribution by a person falling within sub-paragraph (a) or (b) of more than £50 shall be treated as if it were a separate donation received from that person.

    (5) In relation to each separate donation, the principal donor must ensure that, at the time when the principal donation is received by the candidate or his election agent, the candidate or (as the case may be) his election agent is given  - 

    (6) Where  - 

the agent must ensure that, at the time when the donation is received by the candidate or his election agent, the candidate or (as the case may be) his election agent is given all such details in respect of the donor as are required by virtue of paragraph 11(c).

    (7) A person commits an offence if, without reasonable excuse, he fails to comply with sub-paragraph (5) or (6).

    (8) A person guilty of an offence under sub-paragraph (7) shall be liable  - 

Acceptance or return of donations
    
7.  - (1) Sections 56 to 60 of the 2000 Act shall apply for the purposes of this Schedule in relation to  - 

as they apply in relation to a donation received by a registered party and the registered party.

    (2) In the application of sections 56 to 60 of that Act in accordance with sub-paragraph (1)  - 

Transfer of donations received by candidate to election agent
    
8.  - (1) Sub-paragraph (2) applies in relation to any relevant donation received by a candidate after the deadline for appointing an election agent (unless the candidate is, or is deemed to be, his own election agent at the time of receipt of the donation).

    (2) The candidate shall, on receipt of any such donation as is mentioned in sub-paragraph (1), forthwith deliver to his election agent  - 

    (3) Where a donation is delivered to an election agent in accordance with sub-paragraph (2), the donation shall be treated for the purposes of paragraph 6 (1) to (4) and the provisions applied by paragraph 7 as if it had been  - 

    (4) Where a candidate receives a relevant donation before the deadline for appointing an election agent but at a time when an appointment of a person (other than the candidate himself) as election agent is in force he shall either  - 

    (5) Sub-paragraph (3) shall have effect in relation to any relevant donation delivered to an election agent in accordance with sub-paragraph (4) (a) as it has effect in relation to a donation delivered to him in accordance with sub-paragraph (2).

    (6) Sub-paragraph (7) applies where  - 

    (7) Subject to sub-paragraph (9), the candidate shall, as soon as reasonably practicable after the relevant time, deliver to the election agent  - 

    (8). The relevant time for the purposes of sub-paragraph (7) is  - 

    (9) The duty imposed on a candidate by sub-paragraph (7)(a) does not apply to any relevant donation to the extent to which it has been lawfully used by the candidate for the purpose of paying election expenses.

    (10) In this paragraph  - 

Evasion of restrictions on donations
    
9. Section 61 of the 2000 Act shall apply for the purposes of this Schedule as if  - 



PART III

REPORTING OF DONATIONS

Statement of relevant donations
    
10. The candidate's election agent must include in any return to be delivered under section 81 of the 1983 Act a statement of relevant donations which complies with paragraphs 11 and 12.

Donations from permissible donors
    
11. The statement must record, in relation to each relevant donation accepted by the candidate or his election agent  - 

Donations from impermissible donors
    
12.  - (1) This paragraph applies to relevant donations falling within paragraph 6(1)(a) or (b).

    (2) Where paragraph 6(1)(a) applies, the statement must record  - 

    (3) Where paragraph 6(1)(b) applies, the statement must record  - 

    (4) In this paragraph any reference to any provision of section 56 of the 2000 Act is a reference to that provision as applied by paragraph 7.



SCHEDULE 7



Returns and Declarations as to Election Expenses

Articles 44(4), 50(1), and 51(1), (2) and (5)

Form of return referred to in article 44(4)

National Assembly for Wales

Election in the
[Assembly constituency] [Assembly electoral region].

Date of publication of notice of election


Name of candidate


     1. The expenses incurred at the above election in support of the above candidate by.
(insert name of person or association or body of persons incurring the expenses) being expenses required by article 44 of the National Assembly for Wales (Representation of the People) Order 2003 to be authorised in writing by the election agent amounted to £.


     2. That written authority is annexed to this return.

Signature.


Date.


Cynulliad Cenedlaethol Cymru

Etholiad yn [etholaeth Gynulliad] [rhanbarth etholiadol Cynulliad]


Dyddiad cyhoeddi'r hysbysiad am yr etholiad


Enw'r ymgeisydd


     1. Yr oedd y treuliau a dynnwyd yn yr etholiad uchod i gefnogi'r ymgeisydd uchod gan
.(rhowch enw'r person neu'r gymdeithas neu'r corff o bersonau a dynnodd y treuliau) sef treuliau y mae'n ofynnol o dan erthygl 44 o Orchymyn Cynulliad Cenedlaethol Cymru (Cynrychiolaeth y Bobl) 2003 iddynt gael eu hawdurdodi'n ysgrifenedig gan yr asiant etholiad yn dod i £.


     2. Mae'r awdurdod ysgrifenedig hwnnw wedi ei gysylltu wrth y cofnod hwn.

Llofnod.


Dyddiad.


Form of declaration referred to in article 44(4)

National Assembly for Wales

Election in the.
[Assembly constituency] [Assembly electoral region].

Date of publication of notice of election.


I hereby declare that - 

     1. I am the person (or in the case of an association or a body of persons [[director] [general manager] [secretary] [or similar officer] of the association or body of persons]) named as incurring expenses in the accompanying return, marked.
, of expenses required by article 44 of the National Assembly for Wales (Representation of the People) Order 2003 to be authorised in writing by an election agent.

     2. To the best of my knowledge and belief that return is complete and correct.

     3. The matters for which the expenses referred to in that return were incurred are as follows.










Signature.


Office held.


(In the case of an association or body of persons)

Date.


Cynulliad Cenedlaethol Cymru

Etholiad yn [etholaeth Gynulliad] [rhanbarth etholiadol Cynulliad]


Dyddiad cyhoeddi'r hysbysiad am yr etholiad


Yr wyf drwy hyn y datgan - 

     1. Mai fi yw'r person (neu yn achos cymdeithas neu gorif o bersonau [[cyfarwyddydd] [rheolwr cyffredinol] [ysgrifennydd] [neu swyddog tebyg] y gymdeithas neu'r corff o bersonau]) a enwyd fel y sawl a dynnodd y treuliau yn y cofnod cysylltiedig, sydd wedi ei farcio.
, o dreuliau sy'n ofynnol o dan erthygl 44 o Orchymyn Cynulliad Cenedlaethol Cymru (Cynrychiolaeth y Bobl) 2003 iddynt gael eu hawdurdodi'n ysgrifenedig gan yr asiant etholiad.

     2. Hyd eithaf fy ngwybodaeth a'm cred, mae'r cofnod hwnnw'n gyflawn ac yn gywir.

     3. Dyma'r materion y tynnwyd y treuliau y cyfeirir atynt yn y cofnod hwnnw ar eu cyfer.

Llofnod.


Swydd.


(Yn achos cymdeithas neu gorif o bersonau)

Dyddiad.


Form of return referred to in article 50(1)

National Assembly for Wales

Election in the.
[Assembly constituency] [Assembly electoral region].

Date of publication of notice of election


Name of candidate


     1. I am the election agent of the person named above as a candidate at this election [am the person named above as a candidate at this election and was my own election agent].

     2. I hereby make the following return of the candidate's [my] election expenses at this election.

Income £ pp
Amount of money (if any) provided by the candidate to meet election expenses.       
Donations of more than £50          
  • Permissible donations received
  •          
  • Donations received from impermissible donors
  •          
  • Donations received from unidentifiable donors
  •          

    Attach details separately for donations received giving the following information:

    Permissible donations

    Name, address and status of donor (including company registration number if applicable/relevant statutory provision for public fund payment. Dates donation received and accepted. Cash amount/value and nature of donation.

    Donations from impermissible donors

    Name and address of donor. Date donation received and cash amount/value & nature of donation. Date and manner in which donation dealt with in accordance with s.56(2)(a) of the Political Parties, Elections and Referendums Act 2000.

    Donations from unidentified donors

    Date donation received. Manner in which donation was made. Cash amount/value & nature of donation. Date and manner in which donation dealt with in accordance with s.56(2)(b) of the Political Parties, Elections and Referendums Act 2000.

    Expenditure £ pp
    Candidate's personal expenses (Article 42(1))

    • Paid by him [by me as a candidate]

    • Paid by me [by me acting as election agent]

             
    Received by me for my services as election agent (if appropriate)          
    Paid to sub agents as per annexed list

    (set out separately the name and address of each person with the amount paid and relevant polling district)

             
    Paid to polling agents as per annexed list

    (set out separately the name and address of each person with the amount paid)

             
    Paid to polling clerks as per annexed list

    (set out separately the name and address of each person with the amount paid)

             
    Paid to clerk/messenger as per annexed list

    (set out separately the name and address of each person with the number of days service and amount paid)

             
    Paid to persons shown on annexed list in respect of goods supplied or work or labour done (Article 44(1)(b)

    [printing/advertising/stationery] (set out separately full details of persons paid, nature of work done or goods supplied and amount paid)

             
    Expenses incurred on public meetings as detailed on annexed list (Article 44(1)(a)). (Set our separately full details of speaker, amount paid, location and date. Cost of hire of rooms and for committee rooms identifying the rooms used)

             
    Paid for postage          
    Paid for telephonic communications (or similar means of communication)          
    Miscellaneous items (set out separately full details and the reason for payment)          
    Expenses paid by candidate before agent is appointed (Article 42(2)) (Set out full details as an annex)          
    Declarations of value of items purchased other than for the candidate's election (Article 43). (Set out full details as an annex)          
    Declaration of value of items of notional expenditure (Article 63) (Set out full details as an annex)          
    Declaration of amount of expenses incurred before a person becomes a candidate (Article 61 (5))          
    Total          

    Disputed claims of which the agent is aware (Article 48)

    (set out separately the name and description of each person with the amount claimed by him)

             
    Unpaid claims of which the agent is aware (Article 50(4))

    (set out separately the name and description of each person and details of the court which allowed these claims)

             

    Cynulliad Cenedlaethol Cymru

    Etholiad yn [etholaeth Gynulliad] [rhanbarth etholiadol Cynulliad]




    Dyddiad cyhoeddi'r hysbysiad am yr etholiad


    Enw'r ymgeisydd.


         1. Fi yw asiant etholiad y person a enwyd uchod fel ymgeisydd yn yr etholiad hwn [yw'r person a enwyd uchod fel ymgeisydd yn yr etholiad hwn ac yr oeddwn yn asiant etholiad i mi fy hun].

         2. Yr wyf drwy hyn yn gwneud y cofnod canlynol am dreuliau'r ymgeisydd [fy nhreuliau i] yn yr etholiad hwn.

    Incwm £ pp
    Swm yr arian (os o gwbl) a ddarparwyd gan yr ymgeisydd i dalu costau etholiad          
    Rhoddion o fwy na £50          
  • Rhoddion a ganiateir a gafwyd
  •          
  • Rhoddion a gafwyd oddi wrth roddwyr nas caniateir
  •          
  • Rhoddion a gafwyd oddi wrth roddwyr anhysbys
  •          

    Amgaewch fanylion unrhyw roddion a gafwyd ar wahân, gan roi'r wybodaeth a ganlyn:

    Rhoddion a ganiateir

    Enw, cyfeiriad a statws y rhoddwr (gan gynnwys Rhif cofrestru'r cwmni os yw hynny'n gymwys / y ddarpariaeth statudol berthnasol os yw'n daliad o gronfa gyhoeddus). Y dyddiadau y cafwyd ac y derbyniwyd y rhoddion. Swm/gwerth a natur y rhodd.

    Rhoddion oddi wrth roddwyr nas caniateir

    Enw a chyfeiriad y rhoddwr. Y dyddiad y cafwyd y rhodd a swm/gwerth a natur y rhodd. Y dyddiad a'r modd yr ymdriniwyd â'r rhodd yn unol ag adran 56(2)(a) o Ddeddf Pleidiau Gwleidyddol, Etholiadau a Refferenda 2000.

    Rhoddion oddi wrth roddwyr anhysbys

    Y dyddiad y cafwyd y rhodd. Sut y gwnaed y rhodd. Swm/gwerth a natur y rhodd. Y dyddiad a'r modd yr ymdriniwyd â'r rhodd yn unol ag adran 56(2)(a) o Ddeddf Pleidiau Gwleidyddol, Etholiadau a Refferenda 2000.

    Gwariant £ pp
    Treuliau personol yr ymgeisydd (Erthygl 42(1))

  • A dalwyd ganddo/ganddi [gennyf fel ymgeisydd]

  •          
  • A dalwyd gennyf [wrth weithredu fel asiant etholiad]
  •          
    Symiau a gefais am y gwasanaeth a roddais fel asiant etholiad (os yn briodol)          
    Symiau a dalwyd i is-asiantau yn unol â'r rhestr atodol

    (Nodwch enw a chyfeiriad pob un ar wahân, ynghyd â'r swm a dalwyd iddynt)

             
    Symiau a dalwyd i asiantau gorsaf bleidleisio yn unol â'r rhestr atodol

    (Nodwch enw a chyfeiriad pob un ar wahân, ynghyd â'r swm a dalwyd iddynt)

             
    Symiau a dalwyd i glercod gorsaf bleidleisio yn unol â'r rhestr atodol

    (Nodwch enw a chyfeiriad pob un ar wahân, ynghyd â'r swm a dalwyd iddynt)

             
    Symiau a dalwyd i glerc/negesydd yn unol â'r rhestr atodol

    (Nodwch enw a chyfeiriad pob un ar wahân, ynghyd â nifer y diwrnodau o wasanaeth a'r swm a dalwyd)

             
    Symiau a dalwyd i'r bobl a nodir ar y rhestr atodol mewn perthynas â nwyddau a gyflenwyd neu waith a wnaed (Erthygl 44(1)(b))

    [argraffu/hysbysebu/nwyddau papur] (Nodwch ar wahân fanylion llawn yr holl bobl a dalwyd, natur y gwaith a wnaed neu'r nwyddau a gyflenwyd, a'r swm a dalwyd)

             
    Treuliau mewn perthynas â chyfarfodydd cyhoeddus fel y'u nodir ar y rhestr atodol (Erthygl 44(1)(a)). (Nodwch ar wahân fanylion llawn y siaradwr, y swm a dalwyd, y lleoliad a'r dyddiad. Cost llogi'r ystafelloedd ac ar gyfer ystafelloedd pwyllgora, nodwch yr ystafelloedd a ddefnyddiwyd).          
    Symiau a dalwyd am gostau postio          
    Symiau a dalwyd am gyfathrebu dros y ffôn (neu am ddulliau tebyg o gyfathrebu)          
    Eitemau amrywiol (Nodwch ar wahân y manylion llawn a'r rhesymau dros dalu)          
    Treuliau a dalwyd gan yr ymgeisydd cyn penodi asiant (Erthygl 42(2)) (Nodwch y manylion llawn ar ffurf atodiad)          
    Datganiadau ynghylch gwerth eitemau a brynwyd at ddibenion heblaw am ar gyfer ethol yr ymgeisydd (Erthygl 43). (Nodwch y manylion llawn ar ffurf atodiad)          
    Datganiadau ynghylch gwerth eitemau o wariant tybiannol (Erthygl 63) (Nodwch y manylion llawn ar ffurf atodiad)          
    Datganiad ynghylch y symiau a wariwyd cyn i rywun gael ei ddewis yn ymgeisydd (Erthygl 61(5))          
    CYFANSWM          

    Hawliadau y mae anghydfod yn eu cylch ac y mae'r asiant yn gwybod amdanynt (Erthygl 48) (Nodwch ar wahân enw pob person, disgrifiad ohono/ohoni, ynghyd â'r swm y mae'n ei hawlio)          
    Hawliadau sydd heb eu talu y mae'r asiant yn gwybod amdanynt (Erthygl 50(4))(Nodwch ar wahân enw pob person, disgrifiad ohono/ohoni, a manylion y llys a ganiataodd yr hawliadau hyn)          

    Form of declaration referred to in article 51(1) and (2)

    National Assembly for Wales

    Election in the.
    [Assembly constituency] [Assembly electoral region].

    Date of publication of notice of election


    Name of candidate


    I solemnly and sincerely declare as follows - 

         1. I am the person named above as a candidate at this election [and was my own election agent] or was at this election the election agent of the person named above as a candidate.

         2. I have examined the return of election expenses [about to be] [delivered] by my election agent [by me] to the returning officer, of which a copy is now shown to me and marked.
    , and to the best of my knowledge and belief it is a complete and correct return as required by law.

         3. To the best of my knowledge and belief, all expenses shown in the return as paid were paid by my election agent [by me], except as otherwise stated in relation to my [the candidate's] personal expenses.

         4. I understand that the law does not allow any election expenses not mentioned in this return to be defrayed except in pursuance of a court order.

    Signature of declarant
    Date


    (NOTE Where there has been a change of election agent, suitable variations may be introduced into the declaration as to expenses.)

    Cynulliad Cenedlaethol Cymru

    Etholiad yn [etholaeth Gynulliad] [rhanbarth etholiadol Cynulliad]


    Dyddiad cyhoeddi'r hysbysiad am yr etholiad


    Enw'r ymgeisydd


    Yr wyf yn datgan yn ddifrifol ac yn ddiffuant fel a ganlyn - 

         1. Fi yw'r person a enwyd uchod fel ymgeisydd yn yr etholiad hwn [ac yr oeddwn yn asiant etholiad i mi fy hun] neu yr oeddwn yn yr etholiad hwn yn asiant etholiad i'r person a enwyd uchod fel ymgeisydd.

         2. Yr wyf wedi archwilio'r cofnod treuliau etholiad sydd [ar fin cael ei gyfiwyno] [wedi'i gyfiwyno] gan fasiant etholiad [gennyf fi] i'r swyddog canlyniadau, a chopi ohono'n cael ei ddangos i mi nawr a'i farcio.
    , a hyd eithaf fy ngwybodaeth a'm cred y mae'n gofnod cyflawn a chywir fel y mae'r gyfraith yn mynnu.

         3. Hyd eithaf fy ngwybodaeth a'm cred, cafodd yr holl dreuliau a nodir yn y cofnod eu talu gan f'asiant etholiad [gennyf fi], ac eithrio lIe dywedir yn wahanol mewn perthynas â'm treuliau personol i [treuliau personol yr ymgeisydd].

         4. Yr wyf yn deall nad yw'r gyfraith yn caniatáu talu unrhyw dreuliau etholiad sydd heb eu nodi yn y cofnod hwn, ac eithrio'n unol â gorchymyn Ilys.

    Llofnod y datganydd.
    . Dyddiad


    (NODYN LIe bydd asiant etholiad wedi newid, gellir cyflwyno amrywiadau addas yn y datganiad am dreuliau.)

    Form of declaration referred to in article 52

    National Assembly for Wales

    Election in the
    Assembly electoral region

    Date of publication of the notice of election


    Name of registered political party
    ..

    Names of candidates

         1.


         2.
    (etc)

    (Each candidate is to be listed in the order in which he is included in the party list)

    I solemnly and sincerely declare as follows:

         1. I am one of those persons named above as candidate at this election [I was also the election agent for those persons].

         2. I have examined the return of election expenses [about to be] [delivered] by the party's nominating officer [treasurer] to the Electoral Commission, of which a copy is now shown to me and marked
    , and to the best of my knowledge and belief it is a complete and correct return as required by law in respect of expenses relating to the election for which I was a candidate and I have no reason to doubt that it is otherwise a complete and correct return.

         3. To the best of my knowledge and belief, all expenses shown in the return as paid in respect of the election at which I was a candidate were paid as is therein described.

         4. I understand that the law does not allow any election expenses not mentioned in this return to be defrayed except in pursuance of a court order.

    Signature of declarant
    Date


    Y datganiad y cyfeirir ato yn erthygl 52

    Cynulliad Cenedlaethol Cymru

    Etholiad yn rhanbarth etholiadol
    . y Cynulliad

    Dyddiad cyhoeddi'r hysbysiad am yr etholiad


    Enw'r blaid wleidyddol gofrestredig


    Enwau'r ymgeiswyr

         1.


         2.
    (etc.)

    (Dylid rhestru pob ymgeisydd yn yr un drefn ag y cynhwysir ef/hi ar restr y blaid)

    Yr wyf yn ddifrifol ac yn ddiffuant yn datgan fel a ganlyn:

         1. Fi yw un o'r rhai a enwir uchod fel ymgeisydd yn yr etholiad hwn [fi hefyd oedd yr asiant etholiadau ar gyfer y bobl hynny].

         2. Yr wyf wedi archwilio'r ffurflen cofnodi treuliau etholiad [sydd ar fin] [sydd wedi] [cael ei hanfon] gan swyddog enwebu'r [trysorydd y ] blaid at y Comisiwn Etholiadol, y mae copi ohoni bellach yn cael ei dangos i mi ac sydd wedi'i nodi
    , a hyd eithaf fy ngwybodaeth a'm cred, mae'n gofnod cyflawn a chywir fel sy'n ofynnol yn ôl y gyfraith mewn perthynas â threuliau sy'n ymwneud â'r etholiad yr oeddwn yn ymgeisydd ynddo ac nid oes gennyf unrhyw reswm i amau nad ydyw yn gofnod cyflawn a chywir.

         3. Hyd eithaf fy ngwybodaeth a'm cred, talwyd yr holl dreuliau y nodir ar y ffurflen gofnodi eu bod yn rhai a dalwyd mewn perthynas â'r etholiad yr oeddwn yn ymgeisydd ynddo yn y modd a ddisgrifir ynddi.

         4. Yr wyf yn deall nad yw'r gyfraith yn caniatáu i unrhyw dreuliau etholiad nad ydynt wedi'u nodi ar y ffurflen gofnodi hon gael eu talu ac eithrio yn dilyn gorchymyn llys.

    Llofnod y sawl sy'n gwneud y datganiad.
    . Dyddiad




    SCHEDULE 8



    Use for Assembly Election Meetings of Rooms in School Premises and of Meeting Rooms

    Article 68(6)

    Use of rooms in school premises
         1.  - (1) Any arrangements for the use of a room in school premises shall be made with the local education authority maintaining the school or, in the case of a room in the premises of a foundation or voluntary aided school, with the governing body of the school.

        (2) Any question - 

    shall be determined by the Secretary of State.

        (3) In sub-paragraph (1) the reference to a foundation or voluntary aided school includes a reference to a grant maintained school.

    Lists of rooms in school premises
         2.  - (1) Every local education authority shall prepare and revise for its area lists of the rooms in school premises which candidates in any Assembly constituency or electoral region at an election for that constituency or electoral region are entitled to use.

        (2) In relation to an Assembly constituency, the list shall include the rooms in premises within any of the authority's area outside, as well as those in premises in, the constituency.

    Lists of meeting rooms
         3.  - (1) Each county and county borough council shall prepare and revise for its area a list of the meeting rooms which candidates in any Assembly constituency or electoral region at an election for that Assembly constituency or electoral region are entitled to use.

        (2) The list shall indicate the person to whom applications for the use of such a room are to be made in each case.

        (3) The list shall not include any room if the person maintaining it disputes the right of candidates in the Assembly constituency or electoral region to use it.

    Lists to be kept by registration officer etc
         4 The lists of rooms in school premises and of meeting rooms prepared for each Assembly constituency and electoral region shall be kept by the registration officer, and those lists and particulars of any change made on their revision shall (where necessary) be forwarded to him accordingly.

    Inspection etc of lists
         5. In the event of notice of election being published in accordance with the Table in paragraph 1(1) of Schedule 5 any person stating himself to be, or to be authorised by - 

    shall be entitled at all reasonable hours to inspect those lists or a copy of them.



    SCHEDULE 9


    Modification of Election Petition Rules 1960

    Article 133(3)

    Assembly election petition: modification of the Election Petition Rules 1960
         1. In relation to an Assembly election petition the Election Petition Rules 1960[
    68] ("the 1960 Rules") shall have effect subject to the modifications set down below.

    Rule 2(2) of the 1960 Rules (definitions)
         2. In rule 2(2) of the 1960 Rules[69], the following definitions shall be modified in the 1960 Rules - 

    Rule 2(3) of the 1960 Rules (prescribed officer)
         3. In rule 2(3) of the 1960 Rules[70], "elections under the Local Government Act" shall be construed as "elections to the National Assembly for Wales".

    Rule 4(1) of the 1960 Rules (form of petition)
         4.  - (1) In rule 4(1)(b) of the 1960 Rules - 

        (2) After rule 4(1)(b) of the 1960 Rules, it shall be construed as if there was inserted - 

    Rule 9(3) of the 1960 Rules (display etc of notice of time and place of trial)
         5. In rule 9(3) of the 1960 Rules[71], "a parliamentary election petition" shall be construed as "an Assembly election petition".

    Rule 10(1) of the 1960 Rules (identifying votes at issue)
         6. In rule 10(1) of the 1960 Rules, in the case of a petition relating to a regional election, "he had a majority of lawful votes," shall be construed as "he or the registered political party for which he was a candidate had a higher electoral region figure (within the meaning of section 6(3) of the Government of Wales Act 1998) than another candidate or registered political party,".

    References to "election" in the 1960 Rules
         7. In rule 10(2) and (4)(b), 12(3), 14(2) and 16(3) of the 1960 Rules[72], "election" shall be construed as including "return" and in rule 10(2) "elected" shall be construed as including "returned".

    Form of election petition in the 1960 Rules
         8. In the form of election petition in the Schedule to the 1960 Rules[73] - 



    EXPLANATORY NOTE

    (This note is not part of the Order)


    This Order makes provision for the conduct of elections and return of members to the National Assembly for Wales ("the Assembly") and other related matters. It replaces the National Assembly for Wales (Representation of the People) Order 1999 ("the 1999 Order") as amended by the National Assembly for Wales (Representation of the People) (Amendment) Order 2002 ("the 2002 Order") which are revoked.

    This Order reproduces the provisions of the 1999 Order as amended by the 2002 Order but with additional provisions which are needed as a result of changes made by the Representation of the People Act 2000 and the Political Parties, Elections and Referendums Act 2000 and which were not reflected in the 2002 Order.

    The principal changes made by this Order concern -

    Part I of the Order makes general provision.

    Part II makes provision in connection with the Assembly franchise and its exercise.

    Part III makes provision in connection with campaigns at Assembly elections.

    Part IV makes provision in connection with legal proceedings and, in particular, election petitions.

    Part V makes miscellaneous and supplemental provision in connection with Assembly elections.

    Schedule 1 to the Order makes provision in connection with electors lists and registers.

    Schedule 2 makes provision in connection with absent voting at Assembly elections.

    Schedule 3 makes provision in connection with the issue and receipt of postal ballot papers at Assembly elections.

    Schedule 4 makes provision in connection with the combination of polls at Assembly and local government elections.

    Schedule 5 makes provision in connection with the conduct of Assembly elections and the return of Assembly members.

    Schedule 6 makes provision in connection with the control of donations to candidates.

    Schedule 7 contains forms of returns and declarations as to election expenses.

    Schedule 8 makes provision in connection with the use for Assembly election meetings of rooms in school premises and of meeting rooms.

    Schedule 9 modifies the Election Petition Rules 1960 in their application to Assembly election petitions.


    Notes:

    [1] 1998 c. 38. Section 11 was amended by the Political Parties, Elections and Referedums Act 2000 (c.41), section 158(1), Schedule 21, paragraph 12(1), (3).back

    [2] Consultation with the Electoral Commission is required by the Political Parties, Elections and Referendums Act 2000, section 7(1).back

    [3] S.I. 1999/450.back

    [4] S.I. 2002/834.back

    [5] 1978 c. 30.back

    [6] 2000 c. 26.back

    [7] 1983 c. 2.back

    [8] 1985 c. 50.back

    [9] 1998 c. 38.back

    [10] 2000 c. 2.back

    [11] 2000 c. 41.back

    [12] S.I. 1986/1081.back

    [13] S.I. 2001/341.back

    [14] S.I. 1981/1687.back

    [15] Subsection (1A) was added by the Local Government (Wales) Act 1994 (c.19), Schedule 16.back

    [16] S.I. 1981/1687.back

    [17] 1972 c. 70.back

    [18] 1990 c. 42.back

    [19] 1996 c. 55.back

    [20] 1990 c. 42.back

    [21] 1996 c. 55.back

    [22] 2000 c. 26.back

    [23] 1990 c. 42.back

    [24] 1990 c. 42.back

    [25] 1996 c. 55.back

    [26] 1971 c. 80.back

    [27] 1972 c. 70.back

    [28] S.I. 1986/2209.back

    [29] 1889 c. 69.back

    [30] 1972 c. 70.back

    [31] S.I. 1986/2209.back

    [32] 1980 c. 43.back

    [33] S.I. 1981/1675 (N.I.26).back

    [34] 1946 c. 6.back

    [35] S.I. 1960/543.back

    [36] 2000 c. 26.back

    [37] 1964 c. 26.back

    [38] S.I. 1992/666.back

    [39] 1988 c. 41.back

    [40] 1997 c. 24.back

    [41] 1984 c. 23.back

    [42] 1948 c. 29.back

    [43] 1948 c. 29.back

    [44] 1992 c. 4.back

    [45] 1971 c. 80.back

    [46] 2000 c. 22.back

    [47] Subsection (5A) was added by the Local Government (Wales) Act 1994 (c.19), Schedule 16.back

    [48] S.I. 1986/2209.back

    [49] Rule 23(5) was amended by S.I. 1987/261.back

    [50] S.I. 1987/562.back

    [51] Rule 46(1) was amended by S.I. 1990/158.back

    [52] Rule 49 was amended by S.I. 1990/158.back

    [53] This form was amended by S.I. 1987/261.back

    [54] This form was amended by S.I. 1987/261.back

    [55] S.I. 1987/562.back

    [56] S.I. 1986/2215.back

    [57] Rule 23(5) was amended by S.I. 1987/260.back

    [58] S.I. 1987/561.back

    [59] Rule 46 was amended by S.I. 1998/585.back

    [60] This form was amended by S.I. 1987/260 and S.I. 1990/157.back

    [61] This form was amended by S.I. 1987/260.back

    [62] S.I. 1987/561.back

    [63] 1971 c. 80back

    [64] S.I. 2003/437.back

    [65] 1981 c.34.back

    [66] 1983 c. 2.back

    [67] 2000 c. 1.back

    [68] S.I. 1960/543.back

    [69] Rule 2(2) was amended by S.I. 1985/1278.back

    [70] Rule 2(3) was amended by S.I. 1985/1278.back

    [71] Rule 9(3) was amended by S.I. 1985/1278.back

    [72] Rule 10(2) was amended by S.I. 1985/1278.back

    [73] The Schedule to the 1960 Rules was amended by S.I. 1985/1278back


    [a] Amended by Correction Slip. Page 4 of the Order, Arrangement of Articles - Schedules, delete "(a)" after "9. Modification of Election Petition Rules"; delete footnote "(a) S.I. 1960/543" and the line immediately above it. back

    [b] Amended by Correction Slip. Page 79 of the Order, Schedule 2 - Arrangement of Paragraphs, delete "15. Transitional provision for absent voters" back

    [c] Amended by Correction Slip. Page 137 of the Order, Schedule 4 Part IV, paragraph 44 - (1), delete "article 14(1) or (2)", and insert "article 15(1) or (2)". back





    ISBN 0 11 045650 5


      Prepared 5 June 2003


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