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

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—

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

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

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

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

(3) Subject to the provisions of paragraph (4) and article 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—

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

(i) Assembly election,

(ii) election to the House of Commons,

(iii) election to the European Parliament,

(iv) election to the Scottish Parliament,

(v) election to the Northern Ireland Assembly, or

(vi) election in Great Britain to any public office,

(b) of being elected to and sitting in the Assembly, the House of Commons, the European Parliament, the Scottish Parliament or the Northern Ireland Assembly, and

(c) of holding any public or judicial office,

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—

(a) if the offence was committed in relation to a constituency election, for or in—

(i) the Assembly constituency for which the election was held,

(ii) any other Assembly constituency in the Assembly electoral region in which the first mentioned constituency is situated,

(iii) the Assembly electoral region in which the first mentioned constituency is situated, or

(iv) any Assembly constituency or electoral region which includes the whole or any part of the first mentioned constituency as constituted for the purposes of the election (or any other Assembly constituency within that Assembly electoral region), or

(b) if the offence was committed in relation to a regional election, for or in—

(i) the Assembly electoral region for which the election was held,

(ii) any Assembly constituency situated in that electoral region, or

(iii) any Assembly constituency or electoral region which includes the whole or part of the first mentioned electoral region as constituted for the purposes of the election (or any other Assembly constituency in that second mentioned Assembly electoral region).

(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.