The National Assembly for Wales (Representation of the People) (Amendment) Order 2016

article 4

SCHEDULE 1 Combination of Polls: Assembly elections and police and crime commissioner elections

1.  After Schedule 4 insert—

article 16A

“SCHEDULE 4A Combination of polls: Assembly elections and police and crime commissioner elections

Application and modification of Schedule 4 to combined Assembly and police and crime commissioner elections

1.— (1) Where the polls at an Assembly election and a police and crime commissioner election are taken together under article 16A, the provisions of Schedule 4 which are specified in the left-hand column of the table apply subject to—

(a) any modifications and exceptions specified in relation to those provisions in the right-hand column; and

(b) the provisions of sub-paragraph (2).

(2) Unless the context otherwise requires, in the provisions applied by this paragraph—

(a) a reference to an ordinary local government election is to be construed as a reference to an ordinary election of police and crime commissioners;

(b) a reference to a local government election is to be construed as a reference to a police and crime commissioner election;

(c) a reference to a local government area is to be construed as a reference to a police area; and

(d) a reference to article 16(1) is to be construed as a reference to article 16A(1) and a reference to article 16(2) as a reference to article 16A(2).

Table

Provision of Schedule 4 applied…	….subject to the following modifications or exceptions…
Paragraph 1 (returning officers and polling stations).	In sub-paragraph (2), for “article 16(3)” substitute “article 16A(3)”.
Paragraph 2 (functions at combined polls).	In sub-paragraph (1)— (a) after paragraph (a) insert “and”; (b) for paragraphs (b) and (c) substitute— “(b) in the case of a police and crime commissioner election, by those rules contained in an Order made under sections 58 and 154 of the 2011 Act which correspond to the provisions specified in sub-paragraph (2).”; and (c) in the full-out words, for “by Part 5 of the 2001 Regulations” substitute “the corresponding functions conferred by an Order made under sections 58 and 154 of the 2011 Act”.
Paragraph 3 (modification of provisions about expenses).	In the heading, for “the 1983 Act” substitute “the 2011 Act”.
	In sub-paragraph (1), after paragraph (b), omit “and” and for paragraph (c) substitute— “(c) in section 55(1) to (7), (9) and (10) of the 2011 Act (returning officers: expenditure); and (d) in section 56 of that Act (taxation of returning officer’s account),”.
	For sub-paragraph (2) substitute— “(2) The reference in section 55(9) of the 2011 Act to the returning officer requesting an advance on account of the officer’s charges includes, to the extent that those charges relate to the functions specified in paragraph 2, a reference to the returning officer who under paragraph 1 discharges those functions at the police and crime commissioner election.”
	Omit sub-paragraph (4).
Paragraph 4 (modifications to Schedule 5: general provision).
	After paragraph 4 insert— “Rule 27 of Schedule 5 (corresponding number list) 4A.   In rule 27— (a) in paragraph (2), at the beginning insert “Subject to paragraph (3),”; and (b) after paragraph (2) insert— “(3) Where the poll at an Assembly election is taken together with the poll at a police and crime commissioner election and the proceedings on the issue and receipt of postal ballot papers are also taken together under paragraph 2 of Schedule 3, the list shall be in form CM1 as set out in English and Welsh in Schedule 10.”.”
Paragraph 5 (rule 28: colour of ballot paper).
Paragraph 6 (rule 32: notice of poll).	For paragraph (5)(b) of rule 32 (as modified) substitute— “(b) specify the relevant police area for which the election is held;”.
Paragraph 7 (rule 36: issue of official poll cards).
Paragraph 8 (rule 37: equipment of polling stations).	After sub-paragraph (1) insert— “(1A) In rule 37(5)(d), at the end insert “(or where the proceedings on the issue and receipt of postal ballot papers at an Assembly election and a police and crime commissioner election are taken together, in the form CO1 set out in Schedule 10)”.
	In sub-paragraph (2), for paragraph (15)(c) and (d) of rule 37 (as modified) substitute— “(c) in respect of a police and crime commissioner election where there are three or more candidates— “Vote by putting a cross [x] in the box in column 1 next to your FIRST CHOICE candidate and in column 2 next to your SECOND CHOICE candidate on the police and crime commissioner ballot paper coloured [colour of ballot paper]. Your first and second choices should be different. Put no other marks on the ballot paper or your votes may not be counted. Pleidleisiwch drwy roi croes [x] yn y blwch yng ngholofn 1 wrth ochr eich ymgeisydd DEWIS CYNTAF ac yng ngholofn 2 wrth ochr eich ymgeisydd AIL DDEWIS ar y papur pleidleisio lliw [colour of ballot paper] ar gyfer comisiynwyr heddlu a throseddu. Dylai’ch dewis cyntaf a’ch ail ddewis fod yn wahanol. Peidiwch â rhoi dim marciau eraill ar y papur pleidleisio neu efallai na fydd eich pleidleisiau’n cael eu cyfrif.”; (d) in respect of a police and crime commissioner election where there are (only) two candidates— “Vote for ONLY ONE CANDIDATE by putting a cross [x] in the box next to your choice on the police and crime commissioner ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted. Pleidleisiwch dros UN YMGEISYDD YN UNIG drwy roi croes [x] yn y blwch wrth ochr eich dewis ar y papur pleidleisio lliw [colour of ballot paper] ar gyfer comisiynwyr heddlu a throseddu. Peidiwch â rhoi dim marc arall ar y papur pleidleisio neu efallai na fydd eich pleidlais yn cael ei chyfrif.”,”
Paragraph 9 (rule 38: appointment of polling and counting agents).
Paragraph 10 (rule 41: admission to polling station).
Paragraph 11 (rule 44: questions to be put to voters).
Paragraph 12 (rule 46: voting procedure).
Paragraph 13 (rule 47: votes marked by presiding officer). Paragraph 14 (rule 48: voting by persons with disabilities).
Paragraph 15 (rule 49: tendered ballot papers).
Paragraph 16 (rule 51: correction of errors on the day of the poll).
Paragraph 17 (rule 52: adjournment of poll in case of riot).
Paragraph 18 (rule 53: procedure on close of poll).	Before sub-paragraph (1) insert— “(A1) In rule 53(1) after “polling agents” (the first time it occurs) insert “appointed for the purposes of each Assembly election and for the purposes of the police and crime commissioner election””.
	In sub-paragraph (1), in rule 53(1A) as inserted after “(g)” insert “(unless proceedings on the issue and receipt of postal ballot papers at an Assembly election and a police and crime commissioner have been taken together)”.
	Before sub-paragraph (2) insert— “(A2) In rule 53(2) after “polling agents” (the first time it occurs) insert “appointed for the purposes of the Assembly election and for the purposes of the police and crime commissioner election””.
	In sub-paragraph (2), in rule 53(2A) as inserted, after “(e)” insert “(unless proceedings on the issue and receipt of postal ballot papers at an Assembly election and a police and crime commissioner election have been taken together)”.
Paragraph 19 (rule 54: time of, and attendance at, counting of votes).	After sub-paragraph (2) insert— “(3) After rule 54(8) insert— “(9) Where the poll at an Assembly election is taken together with the poll at a police and crime commissioner election and the constituency returning officer for the Assembly constituency is discharging the functions specified in paragraph 2 of Schedule 4, a reference in this rule to the “counting agents” also includes the counting agents appointed for the purposes of the police and crime commissioner election.”.”
Paragraph 20 (rule 55: the count).	In sub-paragraph (1), in rule 55(1)(g)(iii) (as modified), after “corresponding number lists” insert “(unless proceedings on the issue and receipt of postal ballot papers at the Assembly election and the police and crime commissioner election have been taken together)”.
	After sub-paragraph (1) insert— “(1A) In rule 55(6) for “the same constituency as that for which the returning officer is appointed” substitute “the appropriate area”. (1B) After rule 55(6) insert— “(6A) In paragraph (6) “the appropriate area” means the area common to the Assembly constituency and voting area in which the polls for the Assembly election and the police and crime commissioner election are being taken together and in respect of which polls the voter has been issued with a ballot paper.” (1C) After rule 55(9) insert— “(9A) References to the constituency returning officer in paragraphs (7), (8) and (9) shall be construed as references to the returning officer who discharges the functions specified in paragraph 2 of Schedule 4.””
Paragraph 21 (rule 67: delivery of documents to relevant registration officer).	Make the existing provision paragraph (1) and after that paragraph insert— “(2) After rule 67(3) insert— “(4) Where paragraph (3) applies and the proceedings on the issue and receipt of postal ballot papers at the Assembly election and the police and crime commissioner election are taken together, paragraph (1) has effect as if sub-paragraph (f) were omitted and paragraph (2) has effect as if sub-paragraph (d) were also omitted.””.
Paragraph 22 (rule 70: death of independent candidate).
Paragraph 23 (rule 73: death of party candidate).
Paragraph 24 (rule 76: abandoned poll).”