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

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PART VMISCELLANEOUS AND SUPPLEMENTAL

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138.  The Town and Country Planning (Control of Advertisement) Regulations 1992(1) 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—

(a)the registration officer for any part of the Assembly constituency shall, if he is not the returning officer for the constituency, consult him concerning the form of so much of—

(i)the register,

(ii)the electors lists, or

(iii)the absent voters list (including the list of proxies) and the list kept under article 12(8) (the list of postal proxies),

as relate to the constituency in order to ensure that, so far as practicable, they are in a form similar to those in use elsewhere in the constituency, and

(b)if the registration officer for any part of the Assembly constituency at an Assembly election is not the returning officer for the constituency, he shall forthwith supply to the constituency returning officer a copy of the lists compiled under article 10 and 12(8) on completion of the compilation of them.

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—

(a)the English and Welsh parts are combined, or

(b)it is set out in Welsh first and then in English.

(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—

(a)in the case of a constituency election, in the Assembly constituency, and

(b)in the case of regional election, in each Assembly constituency in the Assembly electoral region for which the election is held,

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(2) (occupation for election meetings and polls) shall have effect as if—

(a)the reference to public meetings in furtherance of a person’s candidature at an election included a reference to public meetings promoting a particular result at an Assembly election, and

(b)the reference to use by a returning officer for the purpose of taking the poll in an election included a reference to use by a constituency returning officer in taking a poll at an Assembly election in accordance with Schedule 5

(1)

S.I. 1992/666.

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