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

Article 4(2)

SCHEDULE 1 Electors Lists and Registers: Miscellaneous and Related Provision

1. 1. Free copies of register etc.

2. 2. Sale of register.

3. 3. Supply of data.

4. 4. Interpretation.

Free copies of register etc

1.—(1) The registration officer shall, on request, supply free of charge to—

(a) the Assembly member for an Assembly constituency, or

(b) an Assembly member for an Assembly electoral region,

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—

(a) on request, and

(b) if he is not the returning officer for the Assembly constituency in respect of which the request is made, after consultation with that officer,

supply free of charge—

(i) one copy of so much of the register (which may be printed on one side only if supplied in printed form) as relates to the Assembly constituency to any person who satisfies the registration officer that he requires it for use in connection with his own or some other person’s prospective candidature at an election for that constituency (but not more than one person in respect of the same prospective candidature shall be so supplied), and

(ii) one copy of so much of the register as relates to the Assembly constituency to each candidate (or his election agent) at an election for that constituency.

(3) The registration officer shall—

(a) on request, and

(b) if he is not the returning officer for the Assembly electoral region in respect of which the request is made, after consultation with that officer,

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—

(a) one such copy (which may be printed on one side only if supplied in printed form) to any person who satisfies the registration officer that he requires it for use in connection which his own or some other person’s prospective candidature—

(i) as an individual candidate at an election for that Assembly electoral region, or

(ii) as a party list candidate at an election for that Assembly electoral region, and

(b) one such copy to each—

(i) individual candidate (or his election agent), and

(ii) election agent for a group of party list candidates,

at an election for that Assembly electoral region.

(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—

(a) the supply by the registration officer under this Schedule of copies of any part or parts of the register to any person, and

(b) the calculation of the payment of fees for such supply by any person (other than any person to whom the registration officer has a duty under this Schedule to supply copies free of charge),

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.

Article 14(2)

SCHEDULE 2 Absent Voting At Assembly Elections

1. 1. General requirements for applications.

2. 2. Additional requirements for applications on grounds of physical incapacity.

3. 3. Additional requirements for applications based on occupation, service or employment.

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

5. 5. Additional requirements for applications for appointment of a proxy.

6. 6. Closing dates for applications.

7. 7. Grant or refusal of applications.

8. 8. Notice of appeal.

9. 9. Cancellation of proxy appointment.

10. 10. Inquiries by registration officer.

11. 11. Records and lists to be kept under articles 8,10 and 12.

12. 12. Marked register for polling stations.

13. 13. Certificate of employment at an Assembly election.

14. 14. Notification by registration officer.

15. 15. Transitional provision for absent voters.

16. APPENDIX OF FORMS

    1. Form of proxy paper.

    2. 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—

(a) the applicant’s full name,

(b) except in the case of an application under article 12, the address in respect of which the applicant is or will be registered in the register,

(c) in the case of an application under article 12, the address of the applicant, together with the name of the elector for whom he acts as proxy and the address of that elector for the purposes of paragraph (b), and

(d) in the case of an application to vote by proxy, the grounds on which the applicant claims to be entitled to an absent vote;

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—

(a) in the case of a service voter, the address given in the service declaration in accordance with section 16(d) of the 1983 Act,

(b) in the case of a person to whom section 7 of the 1983 Act applies (mental patients who are not detained offenders), the address of the mental hospital or the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act,

(c) in the case of a person to whom section 7A of the 1983 Act applies (person remanded in custody), the address of the place at which he is detained or the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act, and

(d) in the case of a homeless person, the address shown on the declaration of local connection in accordance with section 7B(3)(d) of the 1983 Act.

(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—

(a) a registered medical practitioner,

(b) a registered nurse within the meaning of section 7(7) of the Nurses, Midwives and Health Visitors Act 1997(1),

(c) a Christian Science practitioner,

(d) in the case of an application in which the applicant states that he is resident in a residential care home within the meaning of section 1 of the Registered Homes Act 1984(2) which is required to be registered under Part I of the Act, the person registered under that Act as carrying on that home,

(e) in the case of an application in which the applicant states that he is resident in residential accommodation provided by a local authority under section 21(1) of the National Assistance Act 1948(3), the matron or other person in charge of that accommodation, or

(f) in the case of an application in which the applicant states that he resides in premises forming one of a group of premises—

(i) which are provided for persons of pensionable age or physically disabled persons, and

(ii) for which there is a resident warden,

that warden.

(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—

(a) his name and address and the qualification by virtue of which he is authorised to attest the application and, where the person attests the application by virtue sub-paragraph (2)(a), (b) or (c), that 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,

(b) that, to the best of his knowledge and belief, the applicant is suffering from the physical incapacity specified in the application and that he cannot reasonably be expected to go in person to his allotted polling station or to vote unaided there by reason of that incapacity, and

(c) that, to the best of his knowledge and belief, the physical incapacity specified in the application is likely to continue either indefinitely or for a period specified by the person attesting the application.

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

(a) the application is based on the applicant’s blindness and the applicant is registered as a blind person by a local authority, which is specified in the application, under section 29(4)(g) of the National Assistance Act 1948(4), or

(b) the application states that the applicant is (under section 73 of the Social Security Contributions and Benefits Act 1992(5)) in receipt of the higher rate of the mobility component of a disability living allowance (payable under section 71 of that Act) because of the physical incapacity specified in the application in pursuance of sub-paragraph (1).

(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—

(a) whether the occupation, service or employment, in respect of which it is made, is that of the applicant or his spouse or, as the case may be, whether it is the applicant or his spouse who is attending the course provided by an educational institution in respect of which the application is made,

(b) the nature of the occupation, service, employment or course provided by an educational institution giving rise to the application,

(c) where the person in respect of whose occupation, service or employment it is made (in this paragraph referred to as “the employed person”) is self-employed, that fact; and, in any other case, the name of that person’s employer, and

(d) the reason relevant to the general nature of the occupation, service or employment in question or the course provided by an educational institution, why the applicant cannot reasonably be expected to go in person to his allotted polling station.

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

(a) where the employed person is self-employed, by a person who—

(i) is aged 18 years or over,

(ii) knows the employed person, and

(iii) is not related to him,

or

(b) by the employer of the employed person or by another employee to whom this function is designated by the employer, and

(c) in the case of a course provided by an educational institution, by the director or tutor of that course or by the principal or head of that institution or an employee to whom this function is delegated by the principal or head.

(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—

(a) where the applicant is the employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of sub-paragraph (1)(a) to (d) are true, or

(b) where the applicant is the spouse of the employed person or the person attending the course, certify that the statements included in the application in accordance with the requirements of sub-paragraph (1)(a) to (c) are true,

and, in addition, he shall state—

(i) in the case of a person who attests an application under sub-paragraph (2)(a), his name and address, and that he is aged 18 years or over, knows the employed person, but is not related to him, or

(ii) in the case of a person who attests an application under sub-paragraph (2)(b), either that he is the employer of the employed person or the position he holds in the employment of that employer, or

(iii) in the case of a person who attests under sub-paragraph (2)(c), the post he holds at the institution.

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—

(a) if it is signed only by the applicant, shall contain a statement by him that he has consulted the person so named and that that person is capable of being and willing to be appointed to vote as his proxy, or

(b) if it is also signed by the person to be appointed, shall contain a statement by that person that he is capable of being and willing to be appointed to vote as the applicant’s proxy.

Closing dates for applications

6.—(1) An application—

(a) to vote by post or proxy under article 8(1),

(b) to vote by post or proxy under article 9(1),

(c) for the appointment of a proxy under article 11(6) or 11(7), or

(d) from a proxy to vote by post under article 12(4),

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—

(a) by an absent voter to alter his choice as to the manner of absent voting under article 8(6) or (7),

(b) by a postal voter for his ballot paper to be sent to a different address or to vote instead by proxy at a particular election under 9(2), or

(c) from a postal proxy for his ballot paper to be sent to a different address at a particular election under article 12(7),

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—

(a) an application under article 8(5)(a) by an elector to be removed from the record kept under article 8(3),

(b) an application under article 12(9)(a) by a proxy to be removed from the record kept under article 12(6), and

(c) a notice under article 11(9) of the cancellation of a proxy’s appointment,

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

(i) 5 pm on the eleventh day before the date of the poll at that election in the case of an application by an elector who is entitled to vote by post to be removed from the record kept under article 8(4), and

(ii) 5 pm on the sixth day before the date of the poll at that election in any other case.

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

(a) a Saturday or a Sunday,

(b) Christmas Eve, Christmas Day, Maundy Thursday or Good Friday, or

(c) a day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971(6),

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—

(a) notify the person whose appointment as proxy has been cancelled or ceases to be or is no longer in force, unless the registration officer has previously been notified by that person that he no longer wishes to act as proxy, and

(b) remove his name from the record kept under article 8(4) and (5)(b).

Inquiries by registration officer

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

(a) who is shown in the record kept under article 8(4) by virtue of an application under that article on the grounds set out in article 8(2)(b) or (c),

(b) who is shown in that record by virtue of an application having been treated as granted under paragraph 15(1) but who immediately before the commencement date was shown in a record kept under section 6(3) of the 1985 Act by virtue—

(i) of an application under that section on the grounds set out in section 6(2)(b) or (c) of that Act, or

(ii) of paragraph 9(1)(a) of Schedule 2 to the 1985 Act on the grounds set out in section 32(1)(b)(i), (c) or (g) of the 1983 Act,

for the purpose of determining whether there has been a material change of circumstances.

(2) In the case of a person—

(a) who is shown in the record kept under article 8(4) by virtue of an application under that article on the grounds set out in article 8(2)(d),

(b) to whom sub-paragraph (1)(b)(i) applies and who immediately before the commencement date was shown in a record kept under section 6(3) of the 1985 Act by virtue of an application under that section on the grounds set out in section 6(2)(c) of that Act, or

(c) to whom sub-paragraph (1)(b)(ii) applies and who immediately before the commencement date was shown in a record kept under section 6(3) of the 1985 Act by virtue of paragraph 9(1)(a) of Schedule 2 to the 1985 Act on the grounds set out in section 32(1)(b)(i) or (g) of the 1983 Act,

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—

(a) candidate or his election agent at a constituency election, or

(b) individual candidate or group of party list candidates, or his or their election agent, at a regional election.

(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—

(a) in the case of a person other than a service voter, to the address provided by that person for the purpose of such notification or of any record or, if there is no such address, to the last known place of abode of that person,

(b) in the case of a service voter, to any address provided by him for the purpose of such notification or of any record or to the address provided for the purpose by the appropriate government department (as defined by section 59(3) of the 1983 Act) or, as the case may be, the British Council.

Appendix of Forms

Paragraph 7(2)

Form of Proxy Paper

Paragraph 13

Form of certificate of employment

Article 14(3)

SCHEDULE 3 Issue and Receipt of Postal Ballot Papers

1. 1. Interpretation.

2. 2. Combination of polls.

3. 3. Form of declaration of identity.

4. 4. Regional elections.

5. 5. Persons entitlted to be present at proceedings on issue of postal ballot papers.

6. 6. Persons entitled to be present at proceedings on receipt of postal ballot papers.

7. 7. Notification of requirement of secrecy.

8. 8. Time when postal ballot papers are to be issued.

9. 9. Marking of postal ballot papers etc.

10. 10. Refusal to issue postal ballot paper.

11. 11. Envelopes.

12. 12. Delivery of postal ballot papers.

13. 13. Sealing up of special lists and counterfoils.

14. 14. Spoilt postal ballot paper.

15. 15. Lost postal ballot papers.

16. 16. Notice of opening of postal ballot paper envelopes.

17. 17. Postal ballot boxes and receptacles.

18. 18. Receipt of covering envelope.

19. 19. Opening of postal voters' ballot box.

20. 20. Opening of covering envelopes.

21. 21. Procedure in relation to declarations of identity.

22. 22. Opening of ballot paper envelopes.

23. 23. Lists of rejected postal ballot papers.

24. 24. Checking of lists kept under paragraph 23.

25. 25. Sealing of receptacles.

26. 26. Abandoned poll.

27. 27. Forwarding of documents.

28. APPENDIX OF FORMS

    1. Form of declaration of identity referred to in paragraph 3(a).

    2. Form of declaration of identity referred to in paragraph 3(b).

    3. Form of declaration of identity referred to in paragraph 3(c).

    4. Form of declaration of identity referred to in paragraph 3(d).

    5. Form of declaration of identity referred to in paragraph 3(e).

    6. Form of statement as to postal ballot papers.

Interpretation

1.  For the purposes of this Schedule, unless the context requires otherwise —

“agent” includes an election agent and a person appointed to attend in the election agent’s place,

“ballot paper envelope” and “covering envelope” mean the envelopes referred to in paragraph 11,

“issue” includes the original and any subsequent issue,

“list of postal proxies” means the list kept under article 12(8),

“postal ballot box” means the ballot box referred to in paragraph 17(1)(b),

“postal ballot paper” means a ballot paper issued to a postal voter,

“postal voter” means a voter who is entitled to vote by post (and includes a postal proxy),

“postal voters' ballot box” means the ballot box referred to in paragraph 17(1)(a),

“receptacle for ballot paper envelopes”, and other references to specified receptacles, means the receptacles referred to in paragraph 17(5), and

“spoilt postal ballot paper” means a ballot paper referred to in paragraph 14(1).

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—

(a) in the form set out in English and Welsh in the Appendix at an ordinary election where a postal voter is entitled to give two votes and where the polls at the elections are not held together with the poll at another election under article 15(1) or (2),

(b) in the form set out in English and Welsh in the Appendix at an Assembly election where the poll at the election is not held together with the poll at another election under article 15(1) or (2) (and where sub-paragraph (a) does not apply),

(c) in the form set out in English and Welsh in the Appendix at an Assembly election (whether or not at an ordinary election where a postal voter is entitled to give two votes) where the proceedings on the issue and receipt of postal ballot papers are taken together with those proceedings at another election under paragraph 2,

(d) in the form set out in English and Welsh in the Appendix at an ordinary election where a postal voter is entitled to give two votes, the polls at which are taken together with the poll at another election under article 15(1) or (2) in any part of an Assembly constituency, but where the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2, for use in that part of the constituency in which polls at more than one election are taken together under article 15(1) or (2), and

(e) in the form set out in English and Welsh in the Appendix at an Assembly election, the poll at which is taken together with the poll at another election under article 15(1) or (2) in any part of an Assembly constituency, but where the proceedings on the issue and receipt of postal ballot papers are not taken together under paragraph 2, for use in that part of the constituency in which polls at more than one election are taken together under article 15(1) or (2) (and where sub-paragraph (d) does not apply).

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—

(a) the constituency returning officer and his clerks,

(b) the regional returning officer in the case of a regional election,

(c) a candidate,

(d) an election agent or any person appointed by—

(i) a candidate to attend in his election agent’s place in the case of a constituency election,

(ii) an individual candidate or any or all of a group of party list candidates to attend in his or their election agent’s place in the case of a regional election, or

(e) any agents appointed under sub-paragraph (2).

(2) Each—

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

(b) individual candidate and election agent for a group of party list candidates, in the case of a regional election,

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—

(a) a candidate in the case of a constituency election,

(b) an individual candidate in the case of a regional election, or

(c) one candidate from a group of party list candidates in the case of a regional election,

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—

(a) article 8(4), or

(b) article 12(6)

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—

(a) one mark shall be placed in the absent voters list or the list of postal proxies under sub-paragraph (1) to denote that ballot papers have been issued in respect of all of those elections, except that where ballot papers are not so issued a different mark shall be placed in the absent voters list or list of postal proxies to identify the election in respect of which the ballot paper was issued, and

(b) the number of each ballot paper shall be marked on the declaration of identity under sub-paragraph (2).

(4) Where the poll—

(a) at an Assembly election, or

(b) at an ordinary election where a postal voter is entitled to give two votes,

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—

(a) the letter ‘A’,

(b) the words—

• “Ballot paper envelope

• Amlen papur pleidleisio”, and

(c) the number of the ballot paper or, as the case may be, ballot papers.

(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—

(a) the envelope referred to in sub-paragraph (1) shall also be marked—

• “Covering envelope for the [insert colour of ballot paper(s)] coloured ballot paper(s)

• Prif amlen ar gyfer y papur(au) pleidleisio lliw [nodwch liw 'r papur(au) pleidleisio]”, and

  (b)

  on the envelope referred to in sub-paragraph (2), after the words—

  (i)

  “Ballot paper envelope” there shall be added the words “for the [insert colour of ballot paper(s)] coloured ballot paper(s)” and

  (ii)

  “Amlen papur pleidleisio” there shall be added “ar gyfer y papur(au) pleidleisio lliw [nodwch lliw'r papur(au) pleidleisto]”.

Delivery of postal ballot papers

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

(a) a universal postal service provider;

(b) a commercial delivery firm, or

(c) persons appointed under paragraph 32(4) of Schedule 5.

(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”)—

(a) the name and number of the elector as stated in the register;

(b) the number of the postal ballot paper (or papers) issued under this paragraph, and

(c) where the postal voter whose ballot paper is spoilt is a proxy, his name and address.

RECEIPT OF 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—

(a) is satisfied as to the voter’s identity, and

(b) has no reason to doubt that the postal voter did not receive the original postal ballot paper,

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”)—

(a) the name and number of the elector as stated in the register.

(b) the number of the lost postal ballot paper and of its replacement issued under this paragraph, and

(c) where the postal voter whose ballot paper is lost is a proxy, his name and address.

(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—

(a) candidate, for return as a constituency member, and

(b) except in the case of an election to fill a vacancy in the seat of a constituency member , individual candidate for return as a regional member and the election agent for each registered party standing nominated.

(2) Such a notice shall specify—

(a) the time and place at which such an opening is to take place, and

(b) the number of agents a candidate may appoint under paragraph 6(2) to attend each opening.

Postal ballot boxes and receptacles

17.—(1) The constituency returning officer shall provide a separate ballot box for the reception of—

(a) the covering envelopes when returned by the postal voters (“postal voters' ballot box”), and

(b) postal ballot papers (“postal ballot box”).

(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—

(a) the receptacle for rejected votes;

(b) the receptacle for declarations of identity;

(c) the receptacle for ballot paper envelopes; and

(d) the receptacle for rejected ballot paper envelopes.

(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—

(a) has been opened, and

(b) contains a ballot paper envelope, declaration of identity or ballot papers,

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—

(a) a declaration of identity, and

(b) a ballot paper envelope, or if there is no ballot envelope, a ballot paper (or ballot papers).

(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—

(a) a declaration of identity (whether separately or not), and

(b) a ballot paper envelope or, if there is no ballot paper envelope, a ballot paper, (or ballot papers),

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—

(a) in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the declaration of identity;

(b) in the receptacle for rejected votes, any other ballot paper, to which shall be attached the declaration of identity marked “provisionally rejected”; and

(c) in the receptacle for declarations of identity, any declaration of identity not disposed of under paragraph (b).

(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—

(a) place in the postal ballot box any ballot paper the number on which is the same the number (or one of the numbers) on the valid declaration of identity,

(b) place in the receptacle for rejected votes any other ballot paper, to which shall be attached the declaration of identity marked “provisionally rejected”,

(c) place in the receptacle for rejected votes any declaration of identity marked “provisionally rejected” in respect of a ballot paper envelope—

(i) which does not contain a ballot paper, or

(ii) which does not contain a sufficient number of ballot papers if more than one number appears on the declaration,

and shall indicate the missing ballot paper, where that is the case, and

(d) place in the receptacle for declarations of identity, any such declaration not disposed of under paragraph (b) or (c).

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—

(a) in the postal ballot box, any ballot paper the number on which is the same as the number (or one of the numbers) on the ballot paper envelope,

(b) in the receptacle for rejected votes, any other ballot paper which shall be marked “provisionally rejected” and to which shall be attached the ballot paper envelope, and

(c) in the receptacle for rejected ballot paper envelopes, any ballot paper envelope which shall be marked “provisionally rejected” because it does not contain either a ballot paper or, where more than one number appears on the ballot paper envelope, a sufficient number of ballot papers (and indicating, in such a case, the missing ballot paper).

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—

(a) the receptacle of rejected votes,

(b) the receptacle of declarations of identity,

(c) the receptacle of rejected ballot paper envelopes, and

(d) the lists of spoilt and lost postal ballot papers,

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—

(a) shall not take any step or further step to open covering envelopes or deal with the contents in accordance with the provisions of this Schedule, and

(b) shall, notwithstanding paragraphs 20 to 22, treat all unopened covering envelopes and the contents of those that have been opened as if they were counted ballot papers.

(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—

(a) any packets referred to in paragraphs 13, 14(6) and 25, subject to paragraph 26, endorsing on each packet a description of its contents, the date of the election to which it relates and the name of the constituency or electoral area for which the election (or elections) was (or were) held, and

(b) a completed statement in the form “Statement as to postal ballot papers” set out in English and Welsh in the Appendix of Forms, of the number of postal ballot papers issued.

(2) Where—

(a) any covering envelopes are received by the constituency returning officer after the close of the poll (apart from those delivered in accordance with paragraph 50(6) of Schedule 5),

(b) any envelopes addressed to postal voters are returned as undelivered too late to be readdressed, or

(c) any spoilt postal ballot papers are returned too late to enable other postal ballot papers to be issued,

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

Paragraph 3(a)

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

Paragraph 3(b)

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

Paragraph 3(c)

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

Paragraph 3(d)

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

Paragraph 3(e)

Form of declaration of identity referred to in paragraph 3(e)

Paragraph 21(1)(b)

Statement as to Postal Ballot Papers

Article 15(7)

SCHEDULE 4 Combination of Polls

1. PART I GENERAL

   1. 1. Returning officers and polling stations.

   2. 2. Functions at combined polls.

   3. 3. Modification of provisions about expenses in this Order and the 1983 Act.

2. 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)

   1. 4. Modifications to Schedule 5: general provision.

   2. 5. Paragraph 25 of Schedule 5 (colour of ballot papers).

   3. 6. Paragraph 29 of Schedule 5 (notice of poll).

   4. 7. Paragraph 33 of Schedule 5 (issue of official poll cards).

   5. 8. Paragraph 34 of Schedule 5 (equipment of polling stations).

   6. 9. Paragraph 35 of Schedule 5 (appointment of polling and counting agents).

   7. 10. Paragraph 40 of Schedule 5 (questions to be put to voters).

   8. 11. Paragraph 42 of Schedule 5 (voting procedure).

   9. 12. Paragraph 43 of Schedule 5 (votes marked by presiding officer).

   10. 13. Paragraph 44 of Schedule 5 (voting by persons with disabilities).

   11. 14. Paragraph 45 of Schedule 5 (tendered ballot papers).

   12. 15. Paragraph 47 of Schedule 5 (adjournment of poll in case of riot).

   13. 16. Paragraph 48 of Schedule 5 (procedure on close of poll).

   14. 17. Paragraph 49 of Schedule 5 (time of, and attendance at, counting of votes).

   15. 18. Paragraph 50 of Schedule 5 (the count).

   16. 19. Paragraph 62 of Schedule 5 (delivery of documents to the Assembly).

   17. 20. Paragraph 65 of Schedule S (countermand or abandonment of poll on death of candidate).

   18. 21. Appendix of forms in Schedule 5 (form of directions for the guidance of the voters in voting).

   19. 22. Appendix of forms in Schedule 5 (form of declaration to be made by the companion of a voter with disabilities).

3. 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)

   1. 23. Modification to principal area election rules: general provision.

   2. 24. Rule 1 of principal area election rules (timetable).

   3. 25. Rule 14 of principal area election rules (the ballot papers).

   4. 26. Rule 18 of principal area election rules (notice of poll).

   5. 27. Rule 22 of principal area election rules (issue of official poll cards).

   6. 28. Rule 23 of principal area election rules (equipment of polling stations).

   7. 29. Rule 24 of principal area election rules (appointment of polling and counting agents).

   8. 30. Rule 29 of principal area election rules (questions to be put to voters).

   9. 31. Rule 31 of principal area election rules (voting procedure).

   10. 32. Rule 32 of principal area election rules (votes marked by presiding officer).

   11. 33. Rule 33 of principal area election rules (voting by blind persons).

   12. 34. Rule 34 of principal area election rules (tendered ballot papers).

   13. 35. Rule 36 of principal area election rules (adjournment of poll in case of riot).

   14. 36. Rule 37 of principal area election rules (procedure on close of poll).

   15. 37. Rule 38 of principal area election rules (attendance at counting of votes).

   16. 38. Rule 39 of principal area election rules (the count).

   17. 39. Rule 46 of principal area election rules (delivery of documents).

   18. 40. Rule 49 of principal area election rules (countermand or abandonment of poll on death of candidate).

   19. 41. Appendix of forms to principal area election rules (declaration of identity).

   20. 42. Appendix of forms to principal area election rules (directions for the guidance of the voters in voting).

   21. 43. Appendix of forms to principal area election rules (declaration to be made by the companion of a blind voter).

4. 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)

   1. 44. Modifications to community election rules: general provision.

   2. 45. Rule 1 of community election rules (timetable).

   3. 46. Rule 14 of community election rules (the ballot papers).

   4. 47. Rule 18 of community election rules (notice of poll).

   5. 48. Rule 22 of community election rules (issue of official poll cards).

   6. 49. Rule 23 of community election rules (equipment of polling stations).

   7. 50. Rule 24 of community election rules (appointment of polling and counting agents).

   8. 51. Rule 29 of community election rules (questions to be put to voters).

   9. 52. Rule 31 of community election rules (voting procedure).

   10. 53. Rule 32 of community election rules (votes marked by presiding officer).

   11. 54. Rule 33 of community election rules (voting by blind persons).

   12. 55. Rule 34 of community election rules (tendered ballot papers).

   13. 56. Rule 36 of community election rules (adjournment of poll in case of riot).

   14. 57. Rule 37 of community election rules (procedure on close of poll).

   15. 58. Rule 38 of community election rules (attendance at counting of votes).

   16. 59. Rule 39 of community election rules (the count).

   17. 60. Rule 46 of community election rules (delivery of documents).

   18. 61. Rule 49 of community election rules (countermand or abandonment of poll on death of candidate).

   19. 62. Appendix of forms to community election rules (declaration of identity).

   20. 63. Appendix of forms to community election rules (directions for the guidance of the voters in voting).

   21. 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)—

(a) those functions of the returning officer at the local government election which are specified in paragraph 2 shall be discharged by the constituency returning officer for an Assembly constituency for such part of the local government area as is situated in the constituency, and

(b) only polling stations used for the ordinary Assembly election shall be used for the local government election.

(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)—

(a) the returning officers for those elections shall decide which returning officer shall discharge in the area in which the polls are combined (“the combined area”) those functions of the other which are specified in paragraph 2, and

(b) the only polling stations which shall be used in the combined area at such elections are the polling stations used at the election for which the returning officer who discharges the functions referred to in paragraph (a) acts as returning officer.

(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—

(a) in the case of an Assembly election, by Schedule 5 and which are specified in sub-paragraph (2), and

(b) in the case of a local government election which is not a mayoral election, by those rules in the rules made under section 36 of the 1983 Act which correspond to the provisions specified in sub-paragraph (2), or

(c) in the case of a local government election which is a mayoral election, by those rules made under section 44 of the Local Government Act 2000 (7) which correspond to the priorities specified in sub-paragraph (2),

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—

(a) paragraph 29(2) and (3) (notice of situation of polling stations etc),

(b) 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, paragraph 30 of Schedule 5 (postal ballot papers),

(c) paragraph 31 (provision of polling stations),

(d) paragraph 32(1) and (3) (appointment of presiding officers and clerks) to the extent that the paragraph concerns the appointment of presiding officers and clerks to assist them,

(e) paragraph 34 (equipment of polling stations),

(f) paragraph 36(a) (notification of requirement of secrecy at polling station),

(g) paragraph 37(4) (signature of certificate as to employment),

(h) paragraph 38(2)(b) (authorisation to order removal from polling station), and

(i) sub-paragraphs (1), (1A), (2), (11) and (12) (as substituted by paragraph 18 of this Schedule) of paragraph 50 (the count) and sub-paragraph (8) of paragraph 50.

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—

(a) in article 21(1) to (4), (7), (9) and (10) (payments by and to returning officer),

(b) in article 22 (taxation of returning officer’s account), and

(c) in section 36(4) and (5A) of the 1983 Act(8) (expenses at local elections),

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—

(a) section 36(4) of the 1983 Act (fixing a scale at an election to the council etc), or

(b) section 36(5A) of that Act (fixing a scale at an election for a community within the area of the council etc),

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—

• “But the ballot paper to be used at an Assembly election shall be of a different colour from that of any ballot paper to be used at a local government election the poll for which is taken together with the poll for the Assembly election.”.

Paragraph 29 of Schedule 5 (notice of poll)

6.  At the end of paragraph 29 of Schedule 5 there shall be added—

“(5) Where the poll at an Assembly election is taken together with a poll at a local government election the notice published under sub-paragraph (2) or (3) shall—

(a) state that the poll at the Assembly election is to be taken together with the poll at a local government election,

(b) specify the relevant local authority and, in the case of a local government election which is not a mayoral election to fill a casual vacancy, the electoral area for which the election is held, and

(c) where the polls are to be taken together in part of an Assembly constituency only, specify that part.”.

Paragraph 33 of Schedule 5 (issue of official poll cards)

7.  At the end of paragraph 33 of Schedule 5 there shall be added—

“(9) Where a poll at an Assembly election is taken together with a poll at a local government election an official poll card issued under this paragraph may be combined with an official poll card issued at the local government election.”.

Paragraph 34 of Schedule 5 (equipment of polling stations)

8.—(1) After paragraph 34(14) of Schedule 5 there shall be inserted—

“(14A) Where the poll at an Assembly election is taken together with a poll at a local government election the same ballot box shall be used for the receipt of ballot papers in respect of votes given at each election.”.

(2) After paragraph 34(7) of Schedule 5 there shall be inserted—

“(7A) Where a poll at an Assembly election is taken together with a poll at a local government election, 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.”.

(3) For paragraph 34(15) and (16) of Schedule 5 there shall be substituted—

“(15) Where the poll at an Assembly election is taken together with a poll at a local government election in every compartment of every polling station there shall be exhibited the notice—

(a) in respect of a constituency election—

• “Vote for one candidate only on the constituency 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 ar y papur pleidleisio etholaeth lliw [Iliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.”,

(b) in respect of a regional election—

• “Vote once only on the regional ballot paper coloured [colour of ballot paper] . Put no other mark on the ballot paper or your vote may not be counted.

Pleidleisiwch unwaith yn unig ar y papur pleidleisio rhanbarthol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.”, and

(c) in respect of a local government election which is not a mayoral election—

(i) where there is more than one candidate to be returned for an electoral area—

• “Vote for no more than ... ... ... ... candidates on the local government ballot paper coloured [colour of ballot paper]. Put no other marks on the ballot paper or your votes may not be counted.

• Peidiwch â phleidleisio dros fwy na(g) ... ... ... ... o ymgeiswyr ar y papur pleidleisio llywodraeth leol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farciau eraill ar y papur pleidleisio, neu fe all na chaiff eich pleidleisiau eu cyfrif.”, or

  (ii)

  where there is one candidate to be returned for an electoral area—

• “Vote for no more than one candidate on the local government ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted.

• Peidiwch â phleidleisio dros fwy nag un ymgeisydd ar y papur pleidleisio llywodraeth leol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.”.

  (d)

  in respect of a local government election which is a mayoral election —

• “[Vote for one candidate only] [Vote once for your first choice and once for your second choice] on the mayoral 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] [Pleidleisiwch unwaith dros eich dewisiad cyntaf ac unwaith dros eich ail ddewisiad] ar y papur pleidleisio maerol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.””

Paragraph 35 of Schedule 5 (appointment of polling and counting agents)

9.  After paragraph 35(7) of Schedule 5 there shall be inserted—

“(7A) Where the poll at an Assembly election is taken together with a poll at a local government election notices of the appointment of polling agents which are required by sub-paragraphs (5), (6) and (7) to be given to the returning officer shall be given to the returning officer who discharges the functions specified in paragraph 2 of Schedule 4.”.

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—

“(5) Where the poll at an Assembly election is taken together with a poll at a local government election the same copy of the register of electors may be used under sub-paragraph (1) for each 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.”.

Paragraph 43 of Schedule 5 (votes marked by presiding officer)

12.  At the end of paragraph 43 of Schedule 5 there shall be added—

“(5) Where the poll at an Assembly election is taken together with a poll at a local government election the same list of votes marked by the presiding officer may be used for each election 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.”.

Paragraph 44 of Schedule 5 (voting by voters with disabilities)

13.  At the end of paragraph 44 of Schedule 5 there shall be added—

“(9) Where the poll at an Assembly election is taken together with a poll at a local government election the same list of voters with disabilities assisted by companions may be used for each election and, where it is so used, an entry in that list shall be taken to mean the votes were so given in respect of each election, unless the list identifies the election at which the vote was so given.”.

Paragraph 45 of Schedule 5 (tendered ballot papers)

14.  At the end of paragraph 45 of Schedule 5 there shall be added—

“(6) Where the poll at an Assembly election is taken together with a poll at a local government election the same tendered votes list may be used for each election 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.”.

Paragraph 47 of Schedule 5 (adjournment of poll in case of riot)

15.  After paragraph 47(1) of Schedule 5 there shall be inserted—

“(1A) Where the poll at an Assembly election is taken together with a poll at a local government election, and the returning officer who discharges the functions specified in paragraph 2 of Schedule 4 is not a constituency returning officer, the notice required to be given under sub-paragraph (1)(b) or (c) shall also be given to the first mentioned returning officer.”.

Paragraph 48 of Schedule 5 (procedure on close of poll)

16.—(1) After paragraph 48(1) of Schedule 5 there shall be inserted—

“(1A) Where sub-paragraph (1) applies and the poll is taken together with a poll at a local government election the contents of the packets referred to in sub-paragraph (1)(b) to (e) and (g) to (i) shall not be combined with the contents of packets made under the corresponding rule that applies at a local government election; nor shall the statement prepared under sub-paragraph (4) be so combined.”.

(2) After paragraph 48(2) of Schedule 5 there shall be inserted—

“(2A) Where sub-paragraph (2) applies and the poll is taken together with a poll at a local government election—

(a) the contents of the packets referred to in sub-paragraph (2)(b), (c), (e) and (f) shall not be combined with the contents of packets made under the corresponding rule that applies at a local government election; nor shall the statement prepared under sub-paragraph (4) be so combined, and

(b) references to the constituency returning officer in sub-paragraph (3) are references to the returning officer who discharges the functions specified in paragraph 2 of Schedule 4.”.

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—

“(2A) Where the poll at an Assembly election is taken together with a poll at a local government election and a constituency returning officer at the Assembly election does not discharge the functions specified in paragraph 2 of Schedule 4 (so that sub-paragraph (1) does not apply), the constituency returning officer shall make arrangements for counting the votes in the presence of the counting agents after the delivery of the ballot papers to him by the returning officer who does discharge those functions, and he shall also give to the counting agents notice in writing of the time and place he will begin to count the votes if he has by then received the ballot papers,

(2B) At a regional election notice under sub-paragraph (2A) shall also be given to the regional returning officer.”.

(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—

“(1) This sub-paragraph applies where—

(a) voters at an ordinary election are entitled to give two votes in an Assembly constituency,

(b) the polls at the Assembly elections are taken together with a poll at a local government election in the Assembly constituency, and

(c) the constituency returning officer for the Assembly constituency discharges the functions specified in paragraph 2 of Schedule 4.

(1A) Where sub-paragraph (1) applies the constituency returning officer shall—

(a) in the presence of the counting agents appointed for the purposes of the Assembly elections open each ballot box and record separately the number of ballot papers in those boxes for each election,

(b) in the presence of the election agents appointed for the purposes of the Assembly elections verify each ballot paper account,

(c) count such of the postal ballot papers as have been duly returned and record separately the number counted at each election,

(d) separate the ballot papers relating to each election,

(e) make up into packets the ballot papers for each election other than the Assembly elections and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate,

(f) deliver, or cause to be delivered, to the returning officer at the election to which the ballot papers relate—

(i) those containers, together with a list of them and of the contents of each, and

(ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election, and

(g) at the same time deliver, or cause to be delivered, to that officer packets that so relate containing,—

(i) the unused and spoilt ballot papers,

(ii) the tendered ballot papers, and

(iii) the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(2) The proceedings described in sub-paragraph (1A) may be undertaken at a different place (or at different places) than a place at which the votes at an Assembly election are counted; but if the power is so exercised sub-paragraph (3) does not apply with respect to the ballot papers and other documents relating to the local government election.

(2A) Where a constituency returning officer at an Assembly election does not discharge the functions specified in paragraph 2 of Schedule 4 he shall—

(a) on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under paragraph 49(2A), in the presence of the counting agents open each container,

(b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another election under paragraph 2 of Schedule 3, count such of the postal ballot papers as have been duly returned and record the number counted, and

(c) mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them;

and sub-paragraph (8) shall not apply to these proceedings.”.

(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—

“(11) Where the poll at an Assembly election is taken together with a poll at a local government election and sub-paragraph (1) or (2A) does not apply—

(a) sub-paragraph (12) shall apply, and

(b) “each election” in sub-paragraphs (3)(a) and (4) shall be construed as “the Assembly election”,

(12) Sub-paragraphs (1A) and (2) shall apply save that the reference to sub-paragraph (1) shall be construed as a reference to this sub-paragraph and the references to Assembly elections in sub-paragraph (1A) shall be construed as references to the Assembly election; and references in this paragraph and paragraph 49 to sub-paragraph (1A) include references to that sub-paragraph where it applies by virtue of this sub-paragraph.”.

Paragraph 62 of Schedule 5 (delivery of documents to the Assembly)

19.  After paragraph 62(2) of Schedule 5 there shall be inserted—

“(2A) Where the poll at an Assembly election is taken together with a poll at a local government election and a constituency returning officer does not discharge the functions specified in paragraph 2 of Schedule 4, sub-paragraph (2) shall have effect as if paragraphs (c) and (f) were omitted.”.

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—

“(9A) Where the poll at an Assembly election is taken together with a poll at a local government election and the poll at the Assembly election is abandoned by reason of a candidate’s death (and sub-paragraph (9) does not apply) the steps required by the presiding officer at such a polling station by sub-paragraph (8) shall take place at the close of poll; and in sub-paragraph (8)—

(a) references to the constituency returning officer shall be construed as references to the returning officer who discharges the functions specified in paragraph 2 of Schedule 4, and

(b) “having separated the ballot papers relating to the local government election,” shall be construed as having been inserted after “constituency returning officer,” in paragraph (b).”.

(2) At the end of paragraph 65 of Schedule 5 there shall be added—

“(11) Where the poll at an Assembly election is taken together with a poll at a local government election neither the countermand of the notice of the poll at the Assembly election nor the direction that that poll be abandoned under this paragraph shall affect the poll at the local government election.”.

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—

“Paragraph 34(7A)

Form of directions for the guidance of voters in voting referred to in 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(9) (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—

“(e) shall be of a different colour from that of any ballot papers used at an Assembly election and any local government election the polls at which are taken together with the poll at the principal area election.”.

(2) At the end of rule 14 of the principal area election rules there shall be added—

“(4) References to an Assembly election in paragraph (2)(e) and elsewhere in these rules refer to an election to the National Assembly for Wales; and references to an Assembly election (and to a poll at such an election) include a reference to Assembly elections (and to polls at such elections) where the context so requires.”.

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—

“(4) The notice published under paragraph (3) shall:

(a) state that the poll at the principal area election is to be taken together with the poll at an Assembly election and any other local government election,

(b) specify the Assembly constituency or electoral region and any relevant local authority and, in the case of an election to fill a casual vacancy, the electoral area for which the other election is held, and

(c) where the polls are to be taken together in part of the local government area only, specify that part.”.

Rule 22 of principal area election rules (issue of official poll cards)

27.  At the end of rule 22 there shall be added—

“(5) An official poll card issued under this rule may be combined with the official poll card issued at an Assembly election and any other local government election.”.

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—

“(1A) The same ballot box shall be used for the poll at the principal area election and at the polls at the Assembly election and any other local government election.”.

(2) For rule 23(5) of the principal area election rules(10) there shall be substituted—

“(5) In every compartment of every polling station there shall be exhibited the notice—

(a) in respect of a local government election—

(i) where there is more than one candidate to be returned for an electoral area—

• “Vote for no more than ... ... ... ...candidates on the local government ballot paper coloured [colour of ballot paper]. Put no other marks on the ballot paper or your votes may not be counted.

• Peidiwch â phleidleisio dros fwy nag ... ... ... ... o ymgeiswyr ar y papur pleidleisio llywodraeth leol Iliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farciau eraill ar y papur pleidleisio, neu fe all na chaiff eich pleidleisiau eu cyfrif.”, or

  (ii)

  where there is one candidate to be returned for an electoral area—

• “Vote for no more than one candidate on the local government ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted.

• Peidiwch â phleidleisio dros fwy nag un ymgeisydd ar y papur pleidleisio llywodraeth leol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.”,

  (b)

  in respect of an Assembly election for an Assembly constituency—

• “Vote for one candidate only on the constituency 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 ar y papur pleidleisio etholaeth lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.”, and

  (c)

  in respect of an Assembly election for an Assembly electoral region—

• “Vote once only on the regional ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted.

• Pleidleisiwch unwaith yn unig ar y papur pleidleisio rhanbarthol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.”.”

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—

• “Notices of the appointment of polling agents which are required by this paragraph and paragraphs (6) and (7) to be given to the returning officer shall be given to that returning officer who discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003.”.

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(11) 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—

“(4) The same copy of the register of electors may be used under paragraph (1) for each election and one mark may be placed in that register under paragraph (1)(d) or in the list of proxies under 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.”.

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—

• “The same list may be used for each election 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.”.

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—

• “The same list may be used for each election 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 the vote was so given.”.

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—

• “The same list may be used for each election 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.”.

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—

“(1A) The contents of the packets referred to in paragraph (1)(b), (c) and (e) shall not be combined with the contents of the packets made under the corresponding provisions that apply to an Assembly election and any other local government election; nor shall the statement prepared under paragraph (3) below be so combined.

(1B) References to the returning officer in paragraph (1) are references to the returning officer who discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003.”.

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—

“(1) Where the returning officer at the principal area election discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003, he shall make arrangements for discharging the functions under rule 39(1) (as substituted by Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003) in the presence of the counting agents appointed for the purposes of the principal area election as soon as practicable after the close of the poll and for thereafter counting the votes at the election in the presence of those agents; and he shall give to those counting agents notice in writing of the time and place at which he will begin to discharge the functions under rule 39(1) (as so substituted).

(1A) Where the returning officer at the principal area election does not discharge the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003, he shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to him by the returning officer who does discharge those functions, and shall give to the counting agents notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which that count will take place.”.

(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—

“(1) Where the returning officer at the principal area election discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003, he shall—

(a) in the presence of the counting agents appointed for the purposes of the principal area election open each ballot box and record separately the number of ballot papers used in each election,

(b) in the presence of the counting agents appointed for the purposes of the principal area election verify each ballot paper account,

(c) count such of the postal ballot papers as have been duly returned and record separately the number counted at each election,

(d) separate the ballot papers relating to each election,

(e) make up into packets the ballot papers for each election other than the principal area election and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate,

(f) deliver, or cause to be delivered, to the returning officer for the election to which the ballot papers relate (or, in the case of a regional election, to the constituency returning officer for the Assembly constituency in which the votes were given on those ballot papers)—

(i) those containers, together with a list of them and of the contents of each, and

(ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election, and

(g) at the same time deliver, or cause to be delivered, to that officer packets that so relate containing—

(i) the unused and spoilt ballot papers,

(ii) the tendered ballot papers,

(iii) the counterfoils of the used ballot papers, and

(iv) the certificates as to employment on duty on the day of the poll,

but in the case of a local government election the separate packets relating to that election referred to in paragraphs (iii) and (iv) shall be combined.

(2) After completion of the proceedings under paragraph (1), the returning officer shall mix together all of the ballot papers used at the principal area and count the votes given on them.

(2A) Where the returning officer at the principal area election does not discharge the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003, he shall—

(a) on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 38(1A) (as substituted by Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003), in the presence of the counting agents open each container,

(b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another election under paragraph 2 of Schedule 3 to the National Assembly for Wales (Representation of the People) Order 2003, count such of the postal ballot papers as have been duly returned and record the number counted, and

(c) mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them.

• Paragraph (6) does not apply to these proceedings.”.

Rule 46 of principal area election rules (delivery of documents)

39.  At the end of rule 46(1) of the principal area election rules(12) there shall be added—

• “At an election where the returning officer does not discharge the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003, this paragraph shall have effect as if sub-paragraphs (c) and (e) were omitted.”.

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(13)) there shall be added—

• “Provided that neither the countermand of the notice of the poll at the principal area election nor the direction that that poll be abandoned shall affect the poll at the Assembly election and any other local government election.”.

(2) For rule 49(2) of the principal area election rules there shall be substituted—

“(2) Where the poll at the principal area election is abandoned by reason of a candidate’s death, no further ballot papers shall be delivered in any polling station and, at the close of the poll for the Assembly election and any other local government election, the presiding officer shall take the like steps for the delivery to the returning officer of ballot boxes and of ballot papers and other documents as he would be required to do if the poll at the principal area election had not been abandoned, and the returning officer shall dispose of ballot papers used at the principal area election as he is required to do on the completion in due course of the counting of the votes, but—

(a) it shall not be necessary for any ballot paper account at that election to be prepared or verified, and

(b) the returning officer, having separated the ballot papers relating to the Assembly election and any other local government election, shall take no step or further step for the counting of the ballot papers used at the principal area election or of the votes and shall seal up all of those ballot papers, whether the votes on them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.”.

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(14)) there shall be substituted—

“(a) the form set out in sub-paragraph (2) where the proceedings on the issue and receipt of postal ballot papers at the principal area election are taken together with those proceedings at an Assembly election under paragraph 2 of Schedule 3 to the National Assembly for Wales (Representation of the People) Order 2003, and

(b) the form set out in sub-paragraph (3) where those proceedings are not taken together.”

(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(15) 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—

(a) after “election now being held in this electoral area” there shall be inserted “and the election now being held in this [*Assembly constituency] [*Assembly electoral region] (*delete whichever is inapplicable)”, and

(b) for “said election” (in both places) where they occur there shall be substituted “said elections”.

(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(16)—

(a) after “yn yr adran etholiadol hon” there shall be inserted “a'r etholiad a gynhelir yn awr yn [* yr etholaeth Gynulliad hon] [* y] [* rhanbarth etholiadol Cynulliad hwn] (*dileer pa un bynnag sy'n anghymwys)”, and

(b) for “etholiad a enwyd” (in both places) there shall be substituted “etholiadau a enwyd”.

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), Schedule 2 to the Local Elections (Parish and Communities) Rules 1986(17) (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—

“(e) shall be of a different colour from that of any ballot papers used at an Assembly election and any local government election the polls at which are taken together with the poll at the community election.”.

(2) At the end of rule 14 of the community election rules there shall be added—

“(4) References to an Assembly election in paragraph (2)(e) and elsewhere in these rules refer to an election to the National Assembly for Wales; and references to an Assembly election (and to a poll at such an election) include a reference to Assembly elections (and to polls at such elections) where the context so requires.”.

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—

“(4) The notice published under paragraph (3) shall:

(a) state that the poll at the community election is to be taken together with the poll at an Assembly election and any other local government election,

(b) specify the Assembly constituency or electoral region and any relevant local authority and, in the case of an election to fill a casual vacancy, the electoral area for which the other election is held, and

(c) where the polls are to be taken together in part of the local government area only, specify that part.”.

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—

“(6) An official poll card issued under this rule may be combined with the official poll card issued at an Assembly election and any other local government election.”.

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—

“(1A) The same ballot box shall be used for the poll at the community election and at the polls at the Assembly election and any other local government election.”.

(2) For rule 23(5) of the community election rules(18) there shall be substituted—

“(5) In every compartment of every polling station there shall be exhibited the notice—

(a) in respect of a local government election—

(i) where there is more than one candidate to be returned for an electoral area—

• “Vote for no more than ... ... ... ... candidates on the local government ballot paper coloured [colour of ballot paper]. Put no other marks on the ballot paper or your votes may not be counted.

• Peidiwch â phleidleisio dros fwy nag ... ... ... ... o ymgeiswyr ar y papur pleidleisio llywodraeth leol lliw lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farcian eraill ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.”, or

  (ii)

  where there is one candidate to be returned for an electoral area—

• “Vote for no more than one candidate on the local government ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted.

• Peidiwch â phleidleisio dros fwy nag un ymgeisydd ar y papur pleidleisio llywodraeth leol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiffeich pleidlais ei chyfrif.”,

  (b)

  in respect of an Assembly election for an Assembly constituency—

• “Vote for one candidate only on the constituency 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 ar y papur pleidleisio etholaeth lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.”, and

  (c)

  in respect of an Assembly election for an Assembly electoral region—

• “Vote once only on the regional ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted.

• Pleidleisiwch unwaith yn unig ar y papur pleidleisio rhanbarthol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, ne fe all na chaiff eich pleidlais ei chyfrif.””.

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—

• “Notices of the appointment of polling agents which are required by this paragraph and paragraph (6) to be given to the returning officer shall be given to that returning officer who discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003.”.

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(19), 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—

“(4) The same copy of the register of electors may be used under paragraph (1) for each election and one mark may be placed in that register under paragraph (1)(d) or in the list of proxies under 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.”.

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—

• “The same list may be used for each election 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.”.

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—

• “The same list may be used for each election 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 the vote was so given.”.

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—

• “The same list may be used for each election 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.”.

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—

“(1A) The contents of the packets referred to in paragraph (1)(b), (c) and (e) shall not be combined with the contents of the packets made under the corresponding provisions that apply at an Assembly election and any other local government election; nor shall the statement prepared under paragraph (3) below be so combined.

(1B) References to the returning officer in paragraph (1) are references to the returning officer who discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003.”.

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—

“(1) Where the returning officer at the community election discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003, he shall make arrangements for discharging the functions under rule 39(1) (as substituted by Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003) in the presence of the counting agents appointed for the purposes of the community election as soon as practicable after the close of the poll and for thereafter counting the votes at that election in the presence of those agents; and he shall give to those counting agents notice in writing of the time and place at which he will begin to discharge the functions under rule 39(1) (as so substituted).

(1A) Where the returning officer at the community election does not discharge the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003, he shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the delivery of the ballot papers to him by the returning officer who does discharge those functions, and shall give to the counting agents notice in writing of the time after which he will begin to count the votes if by then he has received the ballot papers and of the place at which that count will take place.”.

(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—

“(1) Where the returning officer at the community election discharges the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003, he shall—

(a) in the presence of the counting agents appointed for the purposes of the community election open each ballot box and record separately the number of ballot papers used in each election,

(b) in the presence of the counting agents appointed for the purposes of the community election verify each ballot paper account,

(c) count such of the postal ballot papers as have been duly returned and record separately the number counted at each election,

(d) separate the ballot papers relating to each election,

(e) make up into packets the ballot papers for each election other than the community election and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate,

(f) deliver, or cause to be delivered, to the returning officer for the election to which the ballot papers relate (or, in the case of a regional election, to the constituency returning officer for the Assembly constituency in which the votes were given on those ballot papers)—

(i) those containers, together with a list of them and of the contents of each, and

(ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election, and

(g) at the same time deliver, or cause to be delivered, to that officer packets that so relate containing—

(i) the unused and spoilt ballot papers,

(ii) the tendered ballot papers,

(iii) the counterfoils of the used ballot papers, and

(iv) the certificates as to employment on duty on the day of the poll,

but in the case of a local government election the separate packets relating to that election referred to in paragraphs (iii) and (iv) shall be combined.

(2) After completion of the proceedings under paragraph (1), the returning officer shall mix together all of the ballot papers used at the community election and count the votes given on them.

(2A) Where the returning officer at the community election does not discharge the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003, he shall—

(a) on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under rule 38(1A) (as substituted by Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003), in the presence of the counting agents open each container,

(b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another election under paragraph 2 of Schedule 3 to the National Assembly for Wales (Representation of the People) Order 2003, count such of the postal ballot papers as have been duly returned and record the number counted, and

(c) mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them.

• Paragraph (6) does not apply to these proceedings.”.

Rule 46 of community election rules (delivery of documents)

60.  At the end of rule 46 of the community election rules(20) there shall be added—

• “At an election where the returning officer does not discharge the functions specified in paragraph 2 of Schedule 4 to the National Assembly for Wales (Representation of the People) Order 2003, this paragraph shall have effect as if sub-paragraphs (c) and (e) were omitted.”.

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—

“Provided that neither the countermand of the notice of the poll at the community election nor the direction that that poll be abandoned shall affect the poll at the Assembly election and any other local government election.”.

(2) For rule 49(2) of the community election rules there shall be substituted—

“(2) Where the poll at the community election is abandoned by reason of a candidate’s death, no further ballot papers shall be delivered in any polling station and, at the close of the poll for the Assembly election and any other local government election, the presiding officer shall take the like steps for the delivery to the returning officer of ballot boxes and of ballot papers and other documents as he would be required to do if the poll at the community election had not been abandoned, and the returning officer shall dispose of ballot papers used at the community election as he is required to do on the completion in due course of the counting of the votes, but—

(a) it shall not be necessary for any ballot paper account at that election to be prepared or verified, and

(b) the returning officer having separated the ballot papers relating to the Assembly election and any other local government election, shall take no step or further step for the counting of the ballot papers used at the community election or of the votes and shall seal up all of those ballot papers, whether the votes on them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.”.

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(21) there shall be substituted—

“(a) the form set out in paragraph 41(2) where the proceedings on the issue and receipt of postal ballot papers at the community election are taken together with those proceedings at an Assembly election under paragraph 2 of Schedule 3 to the National Assembly for Wales (Representation of the People) Order 2003, and

(b) the form set out in paragraph 41(3) where those proceedings are not taken together.”

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(22) 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—

(a) after “election now being held in this electoral area” there shall be inserted “and the election now being held in this [*Assembly constituency] [*Assembly electoral region] (delete whichever is inapplicable)”, and

(b) for “said election” (in both places) there shall be substituted “said elections”.

(2) In the equivalent declaration in Welsh set out in Part I in the Schedule to the Local Elections (Communities) (Welsh Forms) Order 1987(23)—

(a) after “yn yr adran etholiadol hon” there shall be inserted “a'r etholiad a gynhelir yn awr yn [* yr etholaeth Gynulliad honi [* y] [* rhanbarth etholiadol Cynulliad hwn] (* dileer pa un bynnag sy'n anghymwys)”, and

(b) for “etholiad a enwyd” (in both places) there shall be substituted “etholiadau a enwyd”.

Article 16(1)

SCHEDULE 5 Conduct Of Assembly Elections And Return Of Assembly Members

1. PART I PROVISIONS AS TO TIME

   1. 1. Timetable.

   2. 2. Computation of time.

2. PART II STAGES COMMON TO CONTESTED AND UNCONTESTED ELECTIONS

   1. NOTICE OF ELECTION

      1. 3. Notice of election: constituency election and regional election.

   2. NOMINATION

      1. 4. Nomination of candidates at a constituency election.

      2. 5. Nomination paper: name of registered political party.

      3. 6. Nomination of individual candidates at a regional election.

      4. 7. Nomination of party list candidates at a regional election.

      5. 8. Party nomination paper: registered political party.

      6. 9. Consent to nomination.

      7. 10. Deposit.

      8. 11. Place for delivery of nomination papers.

      9. 12. Right to attend nomination.

      10. 13. Decisions as to validity of individual nomination papers.

      11. 14. Decisions as to validity of party nomination papers and as to the validity of nominations included on a party list.

      12. 15. Withdrawal of candidates.

      13. 16. Constituency election: publication of statement of persons nominated.

      14. 17. Regional election: publication of statement of persons nominated and registered political parties which have submitted a party list.

      15. 18. Disqualification by Representation of the People Act 1981.

      16. 19. Adjournment of nomination proceedings in case of riot.

      17. 20. Method of election at a constituency election.

      18. 21. Method of election at a regional election.

3. PART III CONTESTED ELECTIONS

   1. GENERAL PROVISIONS

      1. 22. Poll to be taken by ballot.

      2. 23. The ballot paper at a constituency election.

      3. 24. The ballot paper at a regional election.

      4. 25. Colour of ballot papers at an ordinary election.

      5. 26. The official mark.

      6. 27. Prohibition of disclosure of vote.

      7. 28. Use of schools and public rooms.

4. ACTION TO BE TAKEN BEFORE THE POLL

   1. 29. Notice of poll.

   2. 30. Postal ballot papers.

   3. 31. Provision of polling stations.

   4. 32. Appointment of presiding officers and clerks.

   5. 33. Issue of official poll cards.

   6. 34. Equipment of polling stations.

   7. 35. Appointment of polling and counting agents.

   8. 36. Notification of requirement of secrecy.

   9. 37. Admission to polling station.

   10. 38. Keeping of order in the polling station.

   11. 39. Sealing of ballot boxes.

   12. 40. Questions to be put to voters.

   13. 41. Challenge of voter.

   14. 42. Voting procedure.

   15. 43. Votes marked by presiding officer.

   16. 44. Voting by persons with disabilities.

   17. 45. Tendered ballot papers.

   18. 46. Spoilt ballot papers.

   19. 47. Adjournment of poll in case of riot.

   20. 48. Procedure on close of poll.

5. COUNTING OF VOTES

   1. 49. Time of, and attendance at, counting of votes.

   2. 50. The count.

   3. 51. Re-count at a constituency election.

   4. 52. Re-count of electoral region votes in an Assembly constituency.

   5. 53. Rejected ballot papers.

   6. 54. Decisions on ballot papers.

   7. 55. Equality of votes at a constituency election.

   8. 56. Regional elections: conveying results of count etc to regional returning officer.

6. PART IV FINAL PROCEEDINGS IN CONTESTED AND UNCONTESTED ELECTIONS

   1. 57. Declaration of result at a constituency election.

   2. 58. Ascertainment of results at a contested regional election.

   3. 59. Declaration of results at a regional election.

   4. 60. Return or forfeiture of deposit.

7. PART V DISPOSAL OF DOCUMENTS

   1. 61. Sealing up of ballot papers.

   2. 62. Delivery of documents to the Assembly.

   3. 63. Order for production of documents.

   4. 64. Retention and public inspection of documents.

8. PART VI DEATH OF CANDIDATE

   1. 65. Countermand or abandonment of poll etc on death of candidate.

9. PART VII MISCELLANEOUS

   1. 66. Vacancies: Assembly constituency seats.

   2. 67. Vacancies: return of electoral region members.

   3. 68. Return of Assembly members and record of returns etc.

   4. 69. Registered political parties.

   5. 70. Party’s registered nominating officer: discharge of functions.

10. APPENDIX OF FORMS

    1. Form of individual nomination paper: constituency election.

    2. Form of certificate referred to in paragraph 5(1).

    3. Form of individual nomination paper: regional election.

    4. Form of party nomination paper: regional election.

    5. Form of certificate referred to in paragraph 8(1).

    6. Form of ballot paper: constituency election.

    7. Directions as to printing the ballot paper: constituency election.

    8. Form of ballot paper: regional election.

    9. Directions as to printing the ballot paper: regional election.

    10. Form of elector’s poll card referred to in paragraph 33(4).

    11. Form of elector’s poll card referred to in paragraph 33(5).

    12. Form of proxy’s poll card referred to in paragraph 33(6).

    13. Form of proxy’s poll card referred to in paragraph 33(7).

    14. Form of directions for guidance of the voters in voting referred to in paragraph 34(12).

    15. Form of directions for guidance of the voters in voting referred to in paragraph 34(13) and (14).

    16. Form of declaration to be made by the companion of a person with disabilities.

    17. Form of certificate referred to in paragraph 57(4)(a).

    18. Form of certificate referred to in paragraph 59(4)(a).

    19. Form of certificate referred to in paragraph 67(10)(a).

    20. 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—

(a) “nomination papers”, in the case of a regional election, refers to individual or party nomination papers, and

(b) in the case of making an objection to a party nomination paper, making of an objection to a nomination paper refers to the making of an objection—

(i) to such a paper, or

(ii) to the nomination of any party list candidate or candidates in respect of such a paper.

Computation of time

2.  In computing any period of time for the purposes of the Timetable—

(a) a Saturday or a Sunday,

(b) Christmas Eve, Christmas Day, Maundy Thursday or Good Friday,

(c) a day which is a bank holiday in Wales under the Banking and Financial Dealings Act 1971(24), or

(d) a day appointed for public thanksgiving or mourning,

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—

(a) the place and times at which individual nomination papers are to be delivered,

(b) that forms of individual nomination paper may be obtained at that place and at those times, and

(c) the date of the poll in the event of a contest.

(2) At a regional election, the regional returning officer shall prepare a notice of election stating—

(a) the place or places and times at which individual or party nomination papers are to be delivered,

(b) that forms of individual or party nomination papers may be obtained at that place or those places and at those times, and

(c) the date of the poll in the event of a contest;

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—

(a) applications to vote by post or by proxy, and

(b) other applications and notices about postal or proxy voting,

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—

(a) by the candidate himself, or

(b) where in respect of the candidate a certificate issued under paragraph 5(1) is also delivered, by the registered nominating officer of a registered political party,

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—

(a) full names,

(b) home address in full, and

(c) if desired (and subject to paragraph 5(1)), description,

and the surname shall be placed first in the list of his names.

(3) The description, if any, must consist of either—

(a) a description (of not more than six words in length) which is authorised as mentioned in paragraph 5, or

(b) the word “Independent” or, where the equivalent form of words in Welsh is prescribed by an order made under section 26(2) of the Welsh Language Act 1993 for use at an Assembly election, that form of words, as well as or in place of the word “Independent”.

(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—

(a) issued by the party’s registered nominating officer, and

(b) received by the constituency returning officer at some time during the period for the delivery of nomination papers set out in the Table in paragraph 1(1).

(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—

(a) “registered political party” means a party which was registered under Part II of the 2000 Political Parties Act at the time by which the notice of election is required to be published by virtue of paragraph 3 (“the relevant time”);

(b) a registered political party is a qualifying party in relation to an Assembly constituency if the party was at the relevant time registered in respect of Wales in the Great Britain register maintained under that Part of that Act.

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—

(a) full names,

(b) home address in full, and

(c) if desired (and subject to paragraph 5(1)), description,

and the surname shall be placed first in the list of his names.

(3) The description, if any, must consist of either—

(a) a description (of not more than six words in length) which is not likely to lead voters to associate the candidate with a registered political party; or

(b) the word “Independent” or, where the equivalent form of words in Welsh is prescribed by an order made under section 26(2) of the Welsh Language Act l993 for use at an Assembly election, that form of words, as well as or in place of the word “Independent.”

(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—

(a) full names, and

(b) home address in full,

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—

(a) is given and dated in writing on, or within one month before, the day fixed as the last day for the delivery of nomination papers,

(b) is attested by one witness, and

(c) is delivered at the place, and within the time, for the delivery of nomination papers.

(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—

(a) is given and dated in writing on, or within one month before, the day fixed as the last day for the delivery of individual or party nomination papers,

(b) is attested by one witness, and

(c) is delivered at the place or a place, and within the time, for the delivery of individual or party nomination papers.

(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—

(a) shall state the day, month and year of his birth, and

(b) shall state—

(i) that he is aware of the provisions of sections 12 to 15 of the 1998 Act (disqualification) and the National Assembly for Wales (Disqualification) Order 2003(25), and

(ii) that to the best of his knowledge and belief he is not disqualified for membership of the Assembly.

(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—

(a) an individual candidate shall not be validly nominated unless the sum of £500 is deposited by him, or on his behalf, or

(b) a group or party list candidates shall not be validly nominated unless the sum of £500 is deposited by them, or on their behalf,

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—

(a) by the deposit of any legal tender,

(b) by means of a banker’s draft, or

(c) with the appropriate returning officer’s consent, in any other manner,

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—

(a) if he is the registered political party’s registered nominating officer, state that fact to the regional returning officer, or

(b) if he is not the party’s registered nominating officer, give his name and address to the regional returning officer unless that information has previously been given to him under article 35.

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—

(a) the Assembly constituency, or

(b) the registration area which includes the Assembly constituency.

(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—

(a) a person standing nominated as a candidate,

(b) the election agent of such a person, or

(c) the registered nominating officer of a registered political party that has delivered a certificate under paragraph 5(1) in respect of a candidate,

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—

(a) a person standing nominated as an individual or party list candidate,

(b) the election agent of such a person, or

(c) the registered nominating officer of a registered political party that has submitted a party list,

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—

(a) to inspect, and

(b) to object to the validity of,

any individual nomination paper.

(4) In the case of a regional election, the right to attend conferred by this paragraph includes the right—

(a) to inspect, and

(b) to object to the validity of,

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—

(a) the appropriate returning officer decides that the nomination paper is invalid,

(b) proof is given to the appropriate returning officer’s satisfaction of the candidate’s death, or

(c) the candidate withdraws.

(2) The appropriate returning officer is entitled to hold an individual nomination paper invalid only on one of the following grounds—

(a) that the particulars of the candidate are not as required by law (including, at a constituency election, that an individual nomination paper breaches paragraph 5(1)),

(b) that the paper is not subscribed as so required,

(c) that the candidate is disqualified by the Representation of the People Act 1981(26) (as applied by the 1998 Act), and

(d) in the case of an individual candidate at a regional election, that he falls within section 5(6) of the 1998 Act.

(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—

(a) the regional returning officer decides that the nomination paper is invalid,

(b) proof is given to the regional returning officer’s satisfaction of the candidate’s death, or

(c) the candidate withdraws.

(2) The regional returning officer is entitled to hold a party nomination paper invalid only on one of the following grounds—

(a) that it breaches paragraph 7(2),

(b) that it breaches paragraph 8(1) or 8(3),

(c) that it is not subscribed as so required,

(d) that the party list includes more than twelve persons, or

(e) each candidate included on the party list has ceased to stand nominated.

(3) Where, in respect of a party list candidate—

(a) proof is given to the regional returning officer’s satisfaction of his death, or

(b) he withdraws,

he shall cease to stand nominated, or

(i) his particulars are not as required by law,

(ii) he is disqualified by the Representation of the People Act 1981 (as applied by the 1998 Act), or

(iii) he falls within section 5(5) of the 1998 Act,

the regional returning officer is entitled to hold that the candidate shall cease to stand nominated.

(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—

(a) a party nomination paper is invalid, or

(b) a party list candidate shall cease to stand nominated,

he shall endorse and sign on the paper the fact and reasons for his decision.

(8) The regional returning officer’s decision that—

(a) a party nomination paper is valid, or

(b) a party list candidate shall continue to stand nominated,

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—

(a) signed by him and attested by one witness, and

(b) delivered to the constituency returning officer at the place for delivery of nomination papers.

(2) Subject to sub-paragraph (3), a candidate at a regional election may withdraw his candidature by notice of withdrawal—

(a) signed by him and attested by one witness, and

(b) delivered to the regional returning officer at the place or a place for delivery of individual or party nomination papers.

(3) Where a candidate is outside the United Kingdom, a notice of withdrawal signed by a person and accompanied—

(a) by a written declaration also so signed of the candidate’s absence from the United Kingdom, and

(b) by a written statement signed by the candidate that the person giving the notice is authorised to do so on the candidate’s behalf during his absence from the United Kingdom,

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—

(a) signed by the party’s registered nominating officer, and

(b) delivered to the regional returning officer at the place or a place for the delivery of individual or party nomination papers.

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—

(a) a copy of the statement; and

(b) in the case of each candidate standing nominated in respect of whom a certificate has been received by the returning officer in accordance with paragraph 5, a copy of that certificate as well.

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—

(a) the persons who have been and stand nominated as individual candidates and any other persons who have been so nominated, with the reason why they no longer stand nominated, and

(b) the registered political parties which have submitted a party list and, in respect of such parties, the persons who have been and stand nominated and any other persons who have been nominated with the reason why they are no longer nominated,

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—

(a) in respect of individual candidates, the names, addresses and descriptions of the persons nominated as given in their individual nomination papers, and

(b) in respect of the registered political parties who have submitted a party list, the names of those parties together with, in respect each such party—

(i) the description referred to in paragraph 7(2), and

(ii) the names and addresses of the persons nominated as given in their party nomination papers.

(4) The statement shall show—

(a) the individual candidates standing nominated arranged together alphabetically, and

(b) the registered political parties which have submitted a party list arranged together alphabetically together with (in respect of each such party) the candidates standing nominated arranged in the order that they appear on the party list.

(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)—

(a) a registered political party is to be shown in the statement by reference to the description referred to in paragraph 7(2) in respect of the party, and

(b) alphabetical order is to be determined by disregarding the definite or indefinite article and, where there are two or more words in the description (having disregarded the definite or indefinite article), by reference to the first of those words and, if there are two or more parties with the same first word in the description, of the other words in the description.

(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—

(a) nomination papers, in the case of a constituency election, or

(b) individual or party nomination papers, in the case of a regional election,

prepare and publish a draft of the statement required by paragraph 16 or 17.

(2) The draft shall be headed—

(a) in the case of a constituency election—

• “Draft statement of persons nominated

• Datganiad drafft o'r personau a enwebwyd”, or

(b) in the case of a regional election—

• “Draft statement of persons nominated and registered political parties which have submitted a party list

• Datganiad drafft o'r personau a enwebwyd a'r pleidiau gwleidyddol cofrestredig sydd wedi cyflwyno rhestr blaid”,

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—

(a) the proceedings shall be abandoned for that day, and

(b) if that day is the last day for the delivery of—

(i) nomination papers, in the case of a constituency election, or

(ii) individual or party nomination papers, in the case of a regional election,

the proceedings shall be continued on the next day as if that were the last day of such delivery, and that day shall be treated for the purposes of this Schedule as being the last day for such delivery (subject to any further application of this paragraph in the event of interruption or obstruction on that day).

(2) Where proceedings are abandoned by virtue of this paragraph nothing—

(a) may be done after they are continued if the time for doing it had passed at the time of the abandonment, or

(b) done before the abandonment shall be invalidated by reason of the abandonment.

Method of election at a constituency election

20.  At a constituency election—

(a) if the statement of persons nominated shows more than one person standing nominated, a poll shall be taken in accordance with Part III of this Schedule, or

(b) if the statement of persons nominated shows only one person standing nominated, that person shall be declared to be elected in accordance with Part IV of this Schedule.

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—

(a) a poll shall be taken in accordance with Part III of this Schedule, or

(b) where each person is included on the same party list (subject to sub-paragraph (4) in the case of an ordinary election), those persons shall be declared to be elected in accordance with Part IV of this Schedule in the order that they are included on that list (starting with the highest) up to the number of seats for the 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—

(a) received from each constituency returning officer for an Assembly constituency in the Assembly electoral region the notification required by paragraph 57(3) (unless in any case a poll at a constituency election has been postponed under paragraph 65(1)), and

(b) disregarded any party list candidate who has been returned as a member for an Assembly constituency in the Assembly electoral region.

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—

(a) shall contain the names and other particulars of the candidates shown in the statement of persons nominated,

(b) shall be capable of being folded up,

(c) shall have a number printed on the back, and

(d) shall have attached a counterfoil with the same number printed on it.

(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—

(a) persons shown in the statement of persons nominated as standing nominated (whether as individual or party list candidates), and no others, shall be entitled to have their names, and

(b) the registered political parties which have submitted a party list shown in the statement of persons nominated, and no others, shall be entitled to have their descriptions referred to in paragraph 7(2),

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—

(a) shall contain the names and descriptions of the individual candidates shown in the statement of persons nominated,

(b) shall contain the descriptions of the registered political parties referred to in sub-paragraph (2)(b) together with the names of the candidates included on those parties' lists,

(c) shall be capable of being folded up,

(d) shall have a number printed on the back (together with a mark or other distinguishing feature by which the Assembly constituency can be identified in which the vote is to be given in relation to the ballot paper), and

(e) shall have attached a counterfoil with the same number printed on it.

(4) The order—

(a) of names of the individual candidates, and

(b) of the descriptions referred to in sub-paragraph (2)(b) (together with, in respect of each such description of a registered political party, the names of the party list candidates),

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—

(a) at elections for the same Assembly constituency, or

(b) in relation to the same Assembly constituency, at elections in the same Assembly electoral region.

(3) At—

(a) a constituency election, or

(b) a regional election, in relation to an Assembly constituency within the Assembly electoral region,

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—

(a) a room in a school to which this paragraph applies, or

(b) a room the expense of maintaining which is payable wholly or mainly out of public funds.

(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—

(a) the situation of each polling station, and

(b) the description of voters entitled to vote there,

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—

(a) the situation of each polling station in the Assembly constituency for which he is returning officer, and

(b) the description of voters entitled to vote there,

and he shall as soon as practicable after publishing such notice—

(i) give a copy of it to each of the election agents, and

(ii) deliver, or cause to be delivered, a copy of it to the regional returning officer.

(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—

(a) by, or on behalf of, an individual or party list candidate, or

(b) by a registered political party,

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—

(a) an ordinary election where an elector is entitled to give two votes, or

(b) an Assembly election (other than one at an ordinary election where paragraph (a) applies),

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—

(i) as an elector if he is placed on the absent voters list for the ordinary or Assembly election, or

(ii) as a proxy if he is entitled to vote by post as proxy at such election.

(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—

(a) the name of the Assembly constituency or electoral region for which the election is to be held, or, in the case of an ordinary election where there are contested elections for an Assembly constituency and electoral region, both such areas,

(b) the elector’s name, qualifying address and number on the register,

(c) the date and hours of the poll and the situation of the elector’s polling station, and

(d) such other information, not relating to any candidate or registered political party, as the constituency returning officer considers appropriate.

(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—

“elector” means a person—

(a)

who is registered as a local government elector—

(i)

in relation to a constituency election, in the Assembly constituency in a register to be used at the election, or

(ii)

in relation to a regional election, in the Assembly electoral region in a register to be used at the election, or

(b)

who, pending the publication of a register mentioned in paragraph (a)(i) or (ii), appears from the electors lists for that register as corrected by the registration officer to be entitled to be so registered,

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

“electoral number” means—

(i)

a person’s number in that register, or

(ii)

pending the publication of the register, his number (if any) in the electors lists for that register.

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—

(a) materials to enable voters to mark the ballot papers,

(b) instruments for stamping on them the official mark,

(c) copies of the register of electors or such part of it as contains the names of electors allotted to the station, and

(d) the parts of any special lists prepared for the election corresponding to the register of electors or the part of it provided under paragraph (c).

(5) The constituency returning officer shall also provide each polling station with—

(a) at least one large version of the ballot paper which shall be displayed inside the polling station for the assistance of voters who are partially-sighted; and

(b) a device (or devices) of the description set out in sub-paragraphs (6) and (7), for enabling voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or any companion (within the meaning of paragraph 44(1)).

(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—

(a) in the case of a constituency election, to the right of the particulars of the candidates or,

(b) in the case of a regional election, above the descriptions of the registered political parties or, as the case may be, the particulars of individual candidates,

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—

(a) in the case where votes are also given at the polling station in respect of a contested regional election—

• “Vote for one candidate only on the constituency 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 ar y papur pleidleisio etholaeth lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.”, or

  (b)

  in any other case—

• “Vote for one candidate only on the ballot paper. Put no other mark on the ballot paper or your vote may not be counted.

• Pleidleisiwch dros un ymgeisydd yn unig ar y papur pleidleisio. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.”.

(16) Where there is a contested regional election, in every compartment of every polling station there shall be exhibited the notice—

(a) in the case where votes are also given at the polling station in respect of a contested constituency election—

• “Vote once only on the regional ballot paper coloured [colour of ballot paper]. Put no other mark on the ballot paper or your vote may not be counted.

• Pleidleisiwch unwaith yn unig ar y papur pleidleisio rhanbarthol lliw [lliw'r papur pleidleisio]. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.”, or

  (b)

  in any other case—

• “Vote once only on the ballot paper. Put no other mark on the ballot paper or your vote may not be counted.

• Pleidleisiwch unwaith yn unig ar y papur pleidleisio. Peidiwch â rhoi unrhyw farc arall ar y papur pleidleisio, neu fe all na chaiff eich pleidlais ei chyfrif.”.

(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—

(a) polling agents to attend at polling stations for the purpose of detecting personation, and

(b) counting agents to attend at the counting of the votes.

(2) In the case of a constituency election, the constituency returning officer may limit the number of counting agents, so that—

(a) the number shall be the same in the case of each candidate, and

(b) the number allowed to a candidate shall not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the number of candidates.

(3) Subject to sub-paragraph (4), at a regional election each—

(a) individual candidate, and

(b) election agent for a group of party list candidates,

may, before the commencement of the poll, in relation to each Assembly constituency in the Assembly electoral region, appoint—

(i) polling agents to attend at polling stations for the purpose of detecting personation, and

(ii) counting agents to attend at the counting of the votes.

(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—

(a) the number shall be the same in the case of each individual candidate or election agent for a group of party list candidates, and

(b) the number allowed to an individual candidate or election agent shall not (except in special circumstances) be less than the number obtained by dividing the number of clerks employed on the counting by the total of the number of individual candidates and registered political parties which have submitted to a party list.

(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—

(a) whose appointments have been duly made and notified, and

(b) where the number of agents is restricted, who are within the permitted number.

(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—

(a) every person attending at a polling station (otherwise than for the purpose of voting or assisting a voter with disabilities to vote or as a constable on duty there) has been given a copy in writing of the provisions of article 33(1), (3) and (6), and

(b) every person attending at the counting of the votes (other than any constable on duty at the counting) has been given a copy in writing of the provisions of article 33(2) and (6).

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—

(a) the candidates and their election agents,

(b) the polling agents appointed to attend at the polling station,

(c) the clerks appointed to attend at the polling station,

(d) the constables on duty,

(e) the companions of voters with disabilities,

(f) in the case of a constituency election, the constituency returning officer, and

(g) in the case of a regional election, the regional returning officer or the constituency returning officer for the Assembly constituency in which the polling station is situated.

(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—

(a) by a constable in or near that station, or

(b) by any other person authorised in writing by the constituency returning officer to remove him,

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—

(a) show each ballot box proposed to be used for the purposes of the poll empty to such persons, if any, as are present in the polling station, so that they may see that each box is empty,

(b) place his seal on it in such a manner as to prevent it being opened without breaking the seal,

(c) place each box in his view for the receipt of ballot papers, and

(d) keep it so sealed.

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—

(a) in the case of the questions (or one of them) being asked in English—

(i) “Are you the person registered in the register of local government electors for this election as follows?” (Read the whole entry from the register),

(ii) Have you already voted, here or elsewhere, at this election otherwise than as proxy for some other person?”, or

(b) in the case of the questions (or one of them) being asked in Welsh—

(i) “Ai chi yw'r person a gofrestrwyd yn y gofrestr etholwyr llywodraeth leol ar gyfer yr etholiad hwn fel hyn?”. (Darllenwch y cofnod llawn yn y gofrestr),

(ii) “A ydych eisoes wedi pleidleisio, yma neu rywle arall, yn yr etholiad hwn, heblaw fel dirprwy ar ran rhyw berson arall?”.

(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—

(a) in the case of the question being asked in English—

• “Have you already cast a constituency vote and an electoral region vote at this election, here or elsewhere, otherwise than as proxy for some other person?”, or

  (b)

  in the case of the question being asked in Welsh—

• “A ydych eisoes wedi bwrw pleidlais etholaeth a phleidlais rhanbarth etholiadol yn yr etholiad hwn, yma neu rywle arall, heblaw fel dirprwy ar ran rhyw berson arall?”.

(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—

(a) in the case of the questions (or one of the questions) being asked in English—

(i) “Are you the person whose name appears as A.B in the list of proxies for this election as entitled to vote as proxy on behalf of C.D?”,

(ii) “Have you already voted here or elsewhere at this election as proxy on behalf of C.D?”, or

(b) in the case of the questions (or one of the questions) being asked in Welsh—

(i) “Ai chi yw'r person y gwelir ei enw fel A.B yn y rhestr ddirprwyon ar gyfer yr etholiad hwn, fel un sydd a hawl i bleidleisio fel dirprwy ar ran C.D?”,

(ii) “A ydych eisoes wedi pleidleisio, yma neu rywle arall yn yr etholiad hwn fel dirprwy ar ran C.D?”.

(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—

(a) in the case of the question being asked in English—

• “Have you already cast a constituency vote and an electoral region vote at this election, here or elsewhere, on behalf of C.D?”, or

  (b)

  in the case of the question being asked in Welsh—

• “A ydych eisoes wedi bwrw pleidlais etholaeth a phleidlais rhanbarth etholiadol yn yr etholiad hwn, yma neu rywle arall, ar ran C.D?”.

(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—

(a) in the case of the question being asked in English—

• “Are you the husband [wife], parent, grandparent, brother [sister], child or grandchild of C.D?”, or

  (b)

  in the case of the question being asked in Welsh—

• “Ai chi yw gwr [gwraig], rhiant, tad-cu (taid) [mam-gu (nain)], brawd [chwaer], plentyn, neu wyr [wyres] C.D?”.

(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—

(a) in the case of the question being asked in English—

• “Have you already voted in this [Assembly constituency] [and in the case of an ordinary election or in any other Assembly constituency within this Assembly electoral region and in this] [Assembly electoral region] at this election on behalf of two persons of whom you are not the husband [wife], parent, grandparent, brother [sister], child or grandchild?”, or

  (b)

  in the case of the question being asked in Welsh—

• “A ydych eisoes wedi pleidleisio, yn [yr etholaeth Gynulliad hon] [ac yn achos etholiad cyffredin neu mewn unrhyw etholaeth Gynulliad arall o fewn y rhanbarth etholiadol Cynulliad hwn ac yn] [y rhanbarth etholiadol Cynulliad hwn] yn yr etholiad hwn ar ran dau berson nad ydych yn wr [wraig], rhiant, tad-cu (taid) [mam-gu (nain)], brawd [chwaer], plentyn neu wyr [wyres] iddynt?”.

(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—

(a) declares to the presiding officer that he has reasonable cause to believe that the applicant has committed an offence of personation, and

(b) undertakes to substantiate the charge in a court of law,

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—

(a) the ballot paper shall be stamped with the official mark,

(b) the number and name of the elector as stated in the copy of the register of electors shall be called out,

(c) the number of the elector shall be marked on the counterfoil,

(d) a mark shall be placed in the register of electors against the number of the elector to denote that a ballot paper has been received but without showing the particular ballot paper which has been received, and

(e) in the case of a person applying for a ballot paper as proxy, a mark shall also be placed against his name in the list of proxies.

(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—

(a) who is incapacitated by blindness or other physical cause from voting in a manner directed by this Schedule, or

(b) who declares orally that he is unable to read,

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—

(a) blindness or other physical incapacity, or

(b) inability to read,

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—

(a) is satisfied that the voter is so incapacitated, and

(b) is also satisfied by a written declaration made by the companion (in this Schedule referred to as “the declaration made by the companion of a voter with disabilities”) that the companion—

(i) is a qualified person within the meaning of this paragraph, and

(ii) has not previously assisted more than one voter with disabilities to vote at the Assembly election,

the presiding officer shall grant the application, and then anything which is by this Schedule required to be done to or by that voter in connection with the giving of his vote may be done to, or with the assistance of, the companion.

(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—

(a) a person who is entitled to vote as an elector at the Assembly election, or

(b) the father, mother, brother, sister, husband, wife, son or daughter of the voter with disabilities and has attained the age of 18 years.

(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—

(a) shall be in the form set out in English and Welsh in the Appendix,

(b) shall be made before the presiding officer at the time when the voter applies to vote with the assistance of a companion and shall forthwith be given to the presiding officer who shall attest and retain it.

(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—

(a) a particular elector named on the register and not named in the absent voters list, or

(b) a particular person named in the list of proxies as proxy for an elector and not entitled to vote by post as proxy,

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—

(a) be of a colour different from the other ballot papers, and

(b) instead of being put into the ballot box, be given to the presiding officer and endorsed by him with the name of the voter and his number in the register of electors, and set aside in a separate packet.

(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—

(a) in the case of an ordinary election where voters are entitled to give two votes at the polling station, to the constituency and to the regional returning officer, but otherwise

(b) in the case of constituency election, to the constituency returning officer, or

(c) in the case of a regional election, to the constituency returning officer for the Assembly constituency in which the polling station is situated and to the regional returning officer.

(2) Where the poll is adjourned at any polling station—

(a) the hours of polling on the day to which it is adjourned shall be the same as for the original day, and

(b) references in this Order to the close of the poll shall be construed accordingly.

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—

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened,

(b) the unused and spoilt ballot papers placed together relating to the constituency election,

(c) the unused and spoilt ballot papers placed together relating to the regional election,

(d) the tendered ballot papers relating to the consistuency election,

(e) the tendered ballot papers relating to the regional election,

(f) the marked copies of the register of electors and of the list of proxies,

(g) the counterfoils of the used ballot papers relating to the consistuency election,

(h) the counterfoils of the used ballot papers relating to the regional election,

(i) the certificates as to employment on duty on the day of the poll, and

(j) the tendered votes list, the list of the voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “physical incapacity” and “unable to read”, and the declarations made by the companions of voters with disabilities.

(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—

(a) each ballot box in use at the station, sealed so as to prevent the introduction of additional ballot papers and unopened,

(b) the unused and spoilt ballot papers placed together,

(c) the tendered ballot papers,

(d) the marked copies of the register of electors and of the list of proxies,

(e) the counterfoils of the used ballot papers,

(f) the certificates as to employment on duty on the day of the poll, and

(g) the tendered votes list, the list of voters with disabilities assisted by companions, the list of votes marked by the presiding officer, a statement of the number of voters whose votes are so marked by the presiding officer under the heads “physical incapacity” and “unable to read”, and the declarations made by the companions of voters with disabilities.

(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—

(a) a separate statement relating to each Assembly election where sub-paragraph (1) applies, or

(b) a statement relating to the Assembly election where sub-paragraph (2) applies,

(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—

(a) (subject to sub-paragraph (4)) make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll, and

(b) give to the counting agents notice in writing—

(i) of the time and place (or places, if the exercise of the power conferred by paragraph 50(2) means that there is more than one place) at which the proceedings described in paragraph 50(1) will begin,

(ii) in the case where the power conferred by paragraph 50(2) is exercised, of the time and the place at which he will count the votes following completion of the proceedings described in paragraph 50(1), and

(iii) in the case of a direction under sub-paragraph (4), of the time and the place at which he will count the votes following completion of the proceedings described in paragraph 50(1),

and a notice under this sub-paragraph may be combined with another such notice.

(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—

(a) a regional election, and

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

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—

(a) place the ballot papers and other documents relating to each election under his own seal and the seals of such of the counting agents as desire to affix their seals, and

(b) otherwise take proper precautions for the security of the papers and documents.

(7) No person other than—

(a) the constituency returning officer and his clerks,

(b) the candidates and their wives or husbands,

(c) the election agents,

(d) the counting agents, or

(f) in the case of a regional election, the regional returning officer,

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—

(a) is satisfied that the efficient counting of the votes will not be impeded, and

(b) has either consulted the election agents or thought it impracticable to do so.

(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—

(a) a candidate for whom a vote is given in the case of a constituency election, or

(b) an individual candidate or a registered political party for which a vote is given in the case of a regional election,

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—

(a) in the presence of the counting agents appointed for the purposes of each election open each ballot box and count and record separately the number of ballot papers in those boxes for each election,

(b) in the presence of the election agents appointed for the purposes of each election verify each ballot paper account,

(c) count such of the postal ballot papers as have been duly returned and record separately the number counted for each election, and

(d) separate the ballot papers relating to each election.

(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—

(a) place the ballot papers and other documents relating to each election under his own seal and the seals of such of the counting agents as desire to affix their seals, and

(b) otherwise take proper precautions for the security of the papers and documents.

(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—

(a) it is returned, and

(b) the declaration of identity duly signed and authenticated is returned,

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.

• For the purposes of this exception the agreement of—

  (a)

  in the case of a constituency election, a candidate or his election agent, or

  (b)

  in the case of a regional election, an individual candidate or his election agent or the election agent for a group of party list candidates,

  shall be as effective as the agreement of his counting agents.

(11) During the time so excluded the constituency returning officer shall—

(a) place the ballot papers and other documents relating to the election under his own seal and the seals of such of the counting agents as desire to affix their seals, and

(b) otherwise take proper precautions for the security of the papers and documents.

(12) Where sub-paragraph (1) does not apply—

(a) sub-paragraph (13) shall apply in its place,

(b) the references in sub-paragraphs (2) and (3) and in paragraph 49(1), (7) and (8) to sub-paragraph (1) shall be construed as references to sub-paragraph (13),

(c) “each election” in sub-paragraph (3)(a) shall be construed as “the election”, and

(d) sub-paragraph (14) shall apply in place of sub-paragraph (4) and the reference to sub-paragraph (4) in sub-paragraph (3) shall be construed as a reference to sub-paragraph (14).

(13) The constituency returning officer shall—

(a) in the presence of the counting agents open each ballot box and count and record the number of ballot papers in those boxes,

(b) in the presence of the election agents verify each ballot paper account, and

(c) count such of the postal ballot papers as have been duly returned and record the number counted.

(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—

(a) in the case of postal ballot papers, they have been mixed with the ballot papers from at least one ballot box, and

(b) in the case of ballot papers from a ballot box, they have been mixed with the ballot papers from at least one other ballot box.

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)—

(a) an individual candidate or his election agent,

(b) a party list candidate or an election agent for a group of party list candidates, or

(c) subject to sub-paragraphs (3) and (4), a counting agent for an individual candidate or a group of party list candidates,

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—

(a) which does not bear the official mark,

(b) on which more than one vote is given,

(c) on which anything is written or marked by which the voter can be identified except the printed number on the back, or

(d) which is unmarked or void for uncertainty,

shall, subject to the provisions of sub-paragraph (2), be void and not counted.

(2) A ballot paper on which the vote is marked—

(a) elsewhere than in the proper place,

(b) otherwise than by means of a cross, or

(c) by more than one mark,

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—

(a) want of official mark,

(b) giving more than one vote,

(c) writing or mark by which voter could be identified, and

(d) unmarked or void for uncertainty.

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—

(a) the number of ballot papers counted by him and the total number of votes given for each individual candidate or registered political party, and

(b) the number of rejected ballot papers under each head shown in the statement of rejected ballot papers, and

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—

(a) declare to be elected the candidate to whom the majority of votes has been given,

(b) return his name and, if a certificate has been received by the constituency returning officer issued by the registered nominating officer of a registered political party under paragraph 5(1) in respect of the candidate, the name of the party to the Assembly in accordance with sub-paragraph (4),

(c) give public notice of—

(i) his name and, if applicable, the registered political party referred to in sub-paragraph (1)(b), and

(ii) the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers.

(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—

(a) completing a certificate in the form set out in English and Welsh in the Appendix, and

(b) delivering it, or causing it to be delivered, to the Assembly,

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—

(a) given the certification required by paragraph 56(2), and

(b) subject to paragraph 65(3), received the notification required by paragraph 57(3) from each constituency returning officer for an Assembly constituency in the Assembly electoral region.

(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—

(a) the regional returning officer and his clerks,

(b) the candidates,

(c) the election agents, or

(d) the constituency returning officer for any Assembly constituency in the Assembly electoral region for which the election is held,

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—

(a) is satisfied that the efficient ascertainment of the results will not be impeded, and

(b) has either consulted the election agents or thought it impracticable to do so.

(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—

(a) an individual candidate or his election agent, and

(b) the election agent for a group of party list candidates or (in his absence) one of those candidates.

(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—

(a) if there is no further provisional ascertainment, after the first one, or

(b) if there is more than one provisional ascertainment, after the final one.

Declaration of results at a regional election

59.—(1) After the regional returning officer has ascertained the results of the poll, he shall forthwith—

(a) announce the individual candidates or the registered political parties to whom seats have been allocated (together with the names of the party list candidates who are to fill such seats),

(b) declare those individual or party list candidates to have been elected,

(c) 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), and

(d) give public notice—

(i) of the name of any individual candidate elected,

(ii) of the name of any party list candidate elected (and the name of the registered political party for which he was such a candidate),

(iii) of the total number of votes given for each individual candidate or registered political party together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers, and

(iv) in respect of the number of votes referred to in paragraph (iii), a breakdown of the number of votes given for each such candidate or party in each Assembly constituency in the Assembly electoral region.

(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—

(a) set out the individual candidates or the registered political parties to whom seats have been allocated (together with the names of the party list candidates who are to fill such seats), and

(b) declare those individual or party list candidates to have been elected,

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—

(a) completing a certificate in the form set out in English and Welsh in the Appendix, and

(b) delivering it, or causing it to be delivered, to the Assembly,

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—

(a) returned to the person making it or his personal representatives, in the case of a candidate at a constituency election or an individual candidate at a regional election,

(b) returned to the registered nominating officer of a registered political party which has submitted a party list, in the case of regional election, or

(c) forfeited to the Secretary of State.

(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)—

(a) a day shall be disregarded if it would be disregarded under paragraph 2 in computing any period of time for the purposes of the timetable for the election, and

(b) the deposit shall be treated as being returned on a day if a cheque for the amount of the deposit is posted on that day.

(4) If—

(a) a candidate at a constituency election, or

(b) an individual candidate or each and every candidate included on a party list at a regional election,

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)—

(a) a candidate in the case of a constituency election, or

(b) an individual candidate or a registered political party in the case of a regional election,

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—

(a) a candidate at a constituency election, or

(b) an individual or party list candidate at a regional election,

and by virtue of such nomination he is in breach of section 5(5) or (6) of the 1998 Act—

(i) his deposit, or

(ii) the deposit paid in respect of the group of party list candidates of which he is such a candidate, shall be forfeited.

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—

(a) of tendered ballot papers,

(b) of counterfoils,

(c) of certificates as to employment on duty on the day of the poll, or

(d) of marked copies of the register of electors and lists of proxies.

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—

(a) the packets of ballot papers in his possession relating to the constituency election,

(b) the packets of ballot papers in his possession relating to the regional election,

(c) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts relating to the constituency election,

(d) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts relating to the regional election,

(e) the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, and the declarations made by the companions of voters with disabilities relating to those elections,

(f) the packets of counterfoils relating to the constituency election,

(g) the packets of counterfoils relating to the regional election,

(h) the packets of the certificates as to employment on duty on the day of the poll relating to those elections, and

(i) the packets containing marked copies of registers and of lists of proxies relating to those elections,

endorsing on each packet—

(i) a description of its contents,

(ii) the date of the election or elections to which they relate,

(iii) where the packet relates to the constituency election, the name of the Assembly constituency for which the election was held,

(iv) where the packet relates to a regional election, the name of the Assembly electoral region for which the election was held and the name of the Assembly constituency in which the electoral region votes were given, and

(v) where the packet relates to both elections, the name of the Assembly constituency and electoral region for which the elections were held.

(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—

(a) the packets of ballot papers in his possession,

(b) the ballot paper accounts and the statements of rejected ballot papers and of the result of the verification of the ballot paper accounts,

(c) the tendered votes lists, the lists of voters with disabilities assisted by companions, the lists of votes marked by the presiding officer and the related statements, and the declarations made by the companions of voters with disabilities,

(d) the packets of counterfoils,

(e) the packets of the certificates as to employment on duty on the day of the poll, and

(f) the packets containing marked copies of registers and of lists of proxies,

endorsing on each packet—

(i) a description of its contents,

(ii) the date of the election to which they relate,

(iii) the name of the Assembly constituency or electoral region for which the election was held, and

(iv) in the case of a regional election, the name of the Assembly constituency in which the electoral region votes were given.

(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—

(a) he shall deliver the documents to the official designated by the universal postal service provider concerned or the deputy of that official,

(b) the designated official or his deputy shall—

(i) give a receipt in respect of those documents to the constituency returning officer, and

(ii) send the documents by the first post to the Clerk to the Assembly,

(c) he shall send a letter to the Clerk to the Assembly by the same post, specifying the number and description of the documents so sent, and

(d) a copy of the receipt given him by the designated official or his deputy shall be signed by him and retained by the designated official or his deputy.

(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—

(a) for the inspection or production of any rejected ballot papers in the custody of the Assembly, or

(b) for the opening of a sealed packet of counterfoils, a sealed packet of certificates as to employment on duty on the day of the poll or the inspection of any counted ballot papers in the custody of the Assembly,

may be made—

(i) by the Assembly, or

(ii) if satisfied by evidence on oath that the order is required for the purpose of instituting or maintaining a prosecution for an offence in relation to ballot papers, or for the purpose of an election petition, by the High Court or a county court.

(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—

(a) persons,

(b) time,

(c) place and mode of inspection, or

(d) production or opening,

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—

(i) that his vote was given, and

(ii) that the vote has been declared by a competent court to be invalid.

(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—

(a) the production by the Assembly of the document ordered in such manner as may be directed by that order shall be conclusive evidence that the document relates to the specified election, and

(b) any endorsement on any packet of ballot papers so produced shall be prima facie evidence that the ballot papers are what they are stated to be by the endorsement.

(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—

(a) countermand notice of the poll, or

(b) if polling has begun, direct that the poll be abandoned, and

(c) in the case of an ordinary election, forthwith notify the regional returning officer for the Assembly electoral region in which the Assembly constituency is situated of the action that he has taken,

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—

(a) countermand notice of the poll, or

(b) if polling has begun, direct that the poll be abandoned, and

(c) in either case, forthwith notify each constituency returning officer in the Assembly electoral region of the action that he has taken.

(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—

(a) the name of that candidate and the fact of his death,

(b) whether that candidate was an individual or party list candidate, and

(c) if he was a party list candidate, the name of the registered political party for which that person was such a candidate,

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—

(a) it shall not be necessary for any ballot paper account to be prepared or verified, and

(b) the constituency returning officer, shall take no step or further step for the counting of the ballot papers or of the votes and shall seal up all the ballot papers, whether the votes on them have been counted or not, and it shall not be necessary to seal up counted and rejected ballot papers in separate packets.

(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—

(a) the steps required to be taken by the presiding officer at such a polling station by sub-paragraph (8) shall take place on the close of the poll, and

(b) sub-paragraph (8) shall have effect as if after “the constituency returning officer,” in paragraph (b) there was inserted “having separated the ballot papers relating to the other Assembly election,”.

(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—

(a) ballot papers on which the votes were neither counted nor rejected shall be treated as counted ballot papers, and

(b) no order shall be made for the production or inspection of any ballot papers or for the opening of a sealed packet of counterfoils or certificates as to employment on duty on the day of the poll unless the order is made by a court with reference to a prosecution.

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—

(a) that the vacancy exists, and

(b) the date fixed for the poll to fill that vacancy.

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—

(a) state that a vacancy exists, and

(b) set out the name of the person who had been returned to fill that seat, together with the name of the registered political party on whose list he was included.

(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—

(a) to contact the prospective member to ask whether he will state that he is willing to serve as an Assembly member for the Assembly electoral region, and

(b) to contact the registered nominating officer of the registered political party on whose list that person is included and notify that officer of the action he is taking under paragraph (a).

(5) Where—

(a) within such period as the regional returning officer considers reasonable-—

(i) he decides that the steps he has taken to contact the prospective member have been unsuccessful, or

(ii) he has not received from the prospective member a statement that he is willing to serve as an Assembly member for the Assembly electoral region,

(b) the prospective member has stated he is not willing to so serve as an Assembly member, or

(c) the regional returning officer—

(i) is satisfied that the prospective member is not a member of the registered political party on whose list he is included, and

(ii) receives notice from that party under section 9(4)(b) of the 1998 Act (the prospective member’s name is not to be notified to the presiding officer of the Assembly as the name of the person who is to fill the vacancy),

the prospective member shall be treated as ceasing to be included on that list.

(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—

(a) of the member declared to be returned, and

(b) of the registered political party for which such a member was a party list candidate.

(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—

(a) completing a certificate in the form set out in English and Welsh in the Appendix, and

(b) delivering it, or causing it to be delivered, to the Assembly.

(11) Where following the application of this paragraph the seat continues to be vacant the regional returning officer shall forthwith—

(a) give public notice that the vacancy cannot be filled and that the seat (in accordance with section 9(7)(b) of the 1998 Act) is to remain vacant until the next ordinary election,

(b) complete a certificate in the form set out in English and Welsh in the Appendix, and

(c) deliver it, or cause it to be delivered, to the Assembly.

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—

(a) record in the returns book the fact of the vacancy in the Assembly constituency concerned, and

(b) that no election shall be held to fill the vacancy because section 8(6) of that Act applies.

(4) Where it comes to the notice of the presiding officer of the Assembly that—

(a) the seat of an Assembly member returned for an Assembly electoral region is vacant, and

(b) the person was returned as an individual candidate,

he shall record—

(i) in the returns book the fact of that vacancy in the Assembly electoral region concerned, and

(ii) that the seat (in accordance with section 9(7)(a) of the 1998 Act) is to remain vacant until the next ordinary election.

(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—

(a) to the constituency returning officer, in the case of a constituency election,

(b) to the regional returning officer, in the case of a regional election, and

(c) to each constituency returning officer for an Assembly constituency in the Assembly electoral region, in the case of a regional election.

(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

Paragraph 4(1)

Form of individual nomination paper: constituency election

Paragraph 5(1)

Form of certificate referred to in paragraph 5(1)

Paragraph 6(1)

Form of individual nomination paper: regional election

Paragraph 7(1)

Form of party nomination paper: regional election

Paragraph 8(1)

Form of certificate referred to in paragraph 8(1)

Paragraph 23(3)

Form of ballot paper: constituency election

Paragraph 23(3)

Directions as to printing the ballot paper: constituency election

Paragraph 24(3)

Form of ballot paper: regional election

Paragraph 24(3)

Directions as to printing the ballot paper: regional election

Paragraph 33(4)

Form of elector’s pollcard referred to in paragraph 33(4)

Paragraph 33(5)

Form of elector’s pollcard referred to in paragraph 33(5)

Paragraph 33(6)

Form of proxy’s pollcard referred to in paragraph 33(6)

Paragraph 33(7)

Form of proxy’s pollcard referred to in paragraph 33(7)

Paragraph 34(12)

Form of directions for the guidance of voters in voting referred to in paragraph 34(12)

Paragraph 34(13) and (14)

Form of directions for the guidance of voters in voting referred to in paragraph 34(13) and (14)

Paragraph 44(6)

Form of declaration to be made by the companion of a voter with disabilities

Paragraph 57(4)(a)

Form of certificate referred to in paragraph 57(4)(a)

Paragraph 59(4)(a)

Form of certificate referred to in paragraph 59(4)(a)

Paragraph 67(10)(a)

Form of certificate referred to in paragraph 67(10)(a)

Paragraph 67(11)(b)

Form of certificate referred to in paragraph 67(11)(b)

Article 39

SCHEDULE 6 CONTROL OF DONATIONS TO CANDIDATES

1. PART I GENERAL

   1. 1. Interpretation.

   2. 2. Donations: general rules.

   3. 3. Sponsorship.

   4. 4. Payments etc not to be regarded as donations.

   5. 5. Value of donations.

2. PART II CONTROLS ON DONATIONS

   1. 6. Prohibition on accepting donations from impermissible donors.

   2. 7. Acceptance or return of donations.

   3. 8. Transfer of donations received by candidate to election agent.

   4. 9. Evasion of restrictions on donations.

3. PART III REPORTING ON DONATIONS

   1. 10. Statement of relevant donations.

   2. 11. Donations from permissible donors.

   3. 12. Donations from impermissible donors.

PART I GENERAL

Interpretation

1.  For the purposes of this Schedule, unless the context otherwise requires:—

“relevant donation”, in relation to a candidate at an election, means a donation to the candidate or his election agent for the purpose of meeting election expenses incurred by or on behalf of the candidate,

“a donation for the purpose of meeting election expenses incurred by or on behalf of a candidate” includes a donation for the purpose of securing that any such expenses are not so incurred; and a donation shall be taken to be a donation for either of those purposes if, having regard to all the circumstances, it must be reasonably assumed to be such a donation,

“onation” shall be construed in accordance with paragraphs 2 to 4,

“the 1983 Act” means the Representation of the People Act 1983(27),

“the 2000 Act” means the Political Parties, Elections and Referendums Act 2000(28), and

“the Commission” means the Electoral Commission established by section 1 of the 2000 Act.

Donations: General Rules

2.—(1) “Donation”, in relation to a candidate at an Assembly election, means (subject to paragraph 4) —

(a) any gift to the candidate or his election agent of money or other property;

(b) any sponsorship provided in relation to a candidate (as defined by paragraph 3);

(c) any money spent (otherwise than by the candidate, his election agent or any sub-agent) in paying any election expenses incurred by or on behalf of the candidate;

(d) any money lent to the candidate or his election agent otherwise than on commercial terms;

(e) the provision otherwise than on commercial terms of any property, services or facilities for the use or benefit of the candidate (including the services of any person).

(2) Where —

(a) any money or other property is transferred to a candidate or his election agent pursuant to any transaction or arrangement involving the provision by or on behalf of the candidate of any property, services or facilities or other consideration of monetary value, and

(b) the total value in monetary terms of the consideration so provided by or on behalf of the candidate is less than the value of the money or (as the case may be) the market value of the property transferred,

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 —

(a) for the purposes of sub-paragraph (1)(d), whether any money lent to a candidate or his election agent is so lent otherwise than on commercial terms, or

(b) for the purposes of sub-paragraph (1)(e), whether any property, services or facilities provided for the use or benefit of a candidate is or are so provided otherwise than on such terms,

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 —

(a) any reference to anything being given or transferred to a candidate or his election agent includes a reference to its being given or transferred either directly or indirectly through any third person;

(b) “gift” includes a bequest or any other form of testamentary disposition.

Sponsorship

3.—(1) For the purposes of this Schedule sponsorship is provided in relation to a candidate if —

(a) any money or other property is transferred to the candidate or to any person for the benefit of the candidate, and

(b) the purpose (or one of the purposes) of the transfer is (or must, having regard to all the circumstances, reasonably be assumed to be) —

(i) to help the candidate with meeting, or to meet, to any extent any defined expenses incurred or to be incurred by or on behalf of the candidate, or

(ii) to secure that to any extent any such expenses are not so incurred.

(2) In sub-paragraph (1) “defined expenses” means expenses in connection with —

(a) any conference, meeting or other event organised by or on behalf of the candidate,

(b) the preparation, production or dissemination of any publication by or on behalf of the candidate, or

(c) any study or research organised by or on behalf of the candidate.

(3) The following do not, however, constitute sponsorship by virtue of sub-paragraph (1) above —

(a) the making of any payment in respect of —

(i) any charge for admission to any conference, meeting or other event, or

(ii) the purchase price of, or any charge for access to, any publication.

(b) the making of any payment in respect of the inclusion of an advertisement in any publication where the payment is made at the commercial rate payable for the inclusion of such an advertisement in any such publication.

(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 —

(a) the provision of any facilities provided in pursuance of any right conferred on a candidate at an election by the 1983 Act;

(b) the provision by an individual of his own services which he provides voluntarily in his own time and free of charge;

(c) any interest accruing to a candidate or his election agent in respect of any donation which is dealt with by the candidate or (as the case may be) his election agent in accordance with section 56(2)(a) or (b) of the 2000 Act (as applied by paragraph 7).

(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 —

(a) the value of the money, or the market value of the property, in question, and

(b) the total value in monetary terms of the consideration provided by or on behalf of the candidate or his election agent.

(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 —

(a) the total value in monetary terms of the consideration that would have had to be provided by or on behalf of the candidate or his election agent in respect of the loan or the provision of the property, services or facilities if —

(i) the loan had been made, or

(ii) the property, services or facilities had been provided,

on commercial terms, and

(b) the total value in monetary terms of the consideration (if any) actually so provided by or on behalf of the candidate or his election agent.

(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 —

(a) shall be determined at the time when it is made, but

(b) shall be so determined by reference to the total benefit accruing to the donee over that period.

(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 —

(a) the person by whom the donation would be made is not, at the time of its receipt by the candidate or (as the case may be) his election agent, a permissible donor falling within section 54(2) of the 2000 Act; or

(b) the candidate or (as the case may be) his election agent is (whether because the donation is given anonymously or by reason of any deception or concealment or otherwise) unable to ascertain the identity of the person offering the donation.

(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 —

(a) an exempt trust donation, or

(b) a relevant donation transmitted by the trustee to the candidate or his election agent on behalf of beneficiaries under the trust who are —

(i) persons who at the time of its receipt by the candidate or his election agent are permissible donors falling within section 54(2) of the 2000 Act, or

(ii) the members of an unincorporated association which at that time is such a permissible donor,

shall be regarded as a relevant donation received by the candidate or his election agent from a person who is not such a permissible donor.

(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 —

(a) on behalf of himself and one or more other persons, or

(b) on behalf of two or more other persons,

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 —

(a) (except in the case of a donation which the principal donor is treated as making) all such details in respect of the person treated as making the donation as are required by virtue of paragraph 11 (c); and

(b) (in any case) all such details in respect of the donation as are required by virtue of paragraph 11 (a).

(6) Where —

(a) any person (“ the agent”) causes an amount to be received by a candidate or his election agent by way of a donation on behalf of another person (“the donor”), and

(b) the amount of the donation is more than £50,

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 —

(a) on summary conviction, to a fine not exceeding the statutory maximum or to a term of imprisonment not exceeding 6 months (or both);

(b) on conviction on indictment, to a fine or to a term of imprisonment not exceeding one year (or both).

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 —

(a) a relevant donation received by a candidate or by his election agent, and

(b) the candidate or (as the case may be) the election agent,

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) —

(a) section 56 (1) shall have effect as if the reference to the particulars relating to a donor which would be required to be included in a donation report by virtue of paragraph 2 of Schedule 6 to the 2000 Act (if the donation were a recordable donation within the meaning of that Schedule) were construed as a reference to the particulars which are required to be included in a return by virtue of paragraph 11 (c);

(b) section 56 (3) shall have effect as if the reference to the party were omitted and the reference to the treasurer of the party were construed as a reference to the candidate or (as the case may be) his election agent; and

(c) section 56 (4) shall have effect as if the reference to the treasurer of the party were construed as a reference to the candidate or (as the case may be) his election agent.

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 —

(a) the donation,

(b) where paragraph 6 (5) or (6) applies in relation to the donation, the information provided to the candidate in pursuance of that provision, and

(c) any other information which the candidate has about the donation and its donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on him, in relation to the donation, under this Part or Part III of this Schedule.

(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 —

(a) originally received by the election agent, and

(b) so received by him on the date on which it was received by the candidate.

(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 —

(a) forthwith deliver the donation and the information mentioned in sub-paragraph (2)(b) and (c) to the agent, or

(b) (if he fails to do so) deal with the donation in accordance with section 56 of the 2000 Act.

(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 —

(a) a relevant donation received by a candidate before the deadline for appointing an election agent has been dealt with by the candidate in accordance with section 56 of the 2000 Act either because —

(i) it was received by him at a time when no appointment of another person as his election agent was in force, or

(ii) although such an appointment was in force, he was by virtue of sub-paragraph (4)(b) required to deal with the donation; and

(b) an appointment of a person (other than the candidate himself) as election agent is in force at, or at any time after —

(i) the deadline for appointing an election agent, or

(ii) if later, the time when the candidate has dealt with the donation in accordance with section 56 of the 2000 Act.

(7) Subject to sub-paragraph (9), the candidate shall, as soon as reasonably practicable after the relevant time, deliver to the election agent —

(a) the donation (if it has been accepted by him), and

(b) any information which he has about the donation and the donor which might reasonably be expected to assist the election agent in the discharge of any duties imposed on him, in relation to the donation, under Part III of this schedule.

(8). The relevant time for the purposes of sub-paragraph (7) is —

(a) the time mentioned in sub-paragraph (6)(b)(i) or (ii) (as the case may be) if the appointment of another person as election agent is in force at that time, or

(b) otherwise, the time when any such appointment subsequently comes into force.

(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 —

(a) any reference to the deadline for appointing an election agent is a reference to the latest time by which an election agent may in accordance with section 67 (1) or (1A) of the 1983 Act be named as election agent by the candidate; and

(b) any reference to any provision of section 56 of the 2000 Act is a reference to that provision as applied by paragraph 7.

Evasion of restrictions on donations

9.  Section 61 of the 2000 Act shall apply for the purposes of this Schedule as if —

(a) any reference to donations were to relevant donations;

(b) any reference to a registered party were, in relation to a relevant donation, a reference to a candidate or (as the case may be) his election agent; and

(c) any reference in subsection (2) to the treasurer of a registered party were, in relation to a relevant donation, a reference to either the candidate or his election agent (or both).

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 —

(a) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;

(b) the date when the donation was accepted by the candidate or his election agent;

(c) the information about the donor which is, in connection with recordable donations to registered parties, required to be recorded in donation reports by virtue of paragraph 2 of Schedule 6 to the 2000 Act; and

(d) such other information as may be required by regulations made by the Commission.

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 —

(a) the name and address of the donor;

(b) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;

(c) the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(a) of the 2000 Act; and

(d) such other information as is required by regulations made by the Commission.

(3) Where paragraph 6(1)(b) applies, the statement must record —

(a) details of the manner in which the donation was made;

(b) the amount of the donation (if a donation of money, in cash or otherwise) or (in any other case) the nature of the donation and its value as determined in accordance with paragraph 5;

(c) the date when the donation was received, and the date when, and the manner in which, it was dealt with in accordance with section 56(2)(b) of the 2000 Act; and

(d) such other information as is required by regulations made by the Commission.

(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.

Articles 44(4), 50(1), and 51(1), (2) and (5)

SCHEDULE 7 Returns and Declarations as to Election Expenses

Form of return referred to in article 44(4)

Form of declaration referred to in article 44(4)

Form of return referred to in article 50(1)

Form of declaration referred to in article 51(1) and (2)

Form of declaration referred to in article 52

Y datganiad y cyfeirir ato yn erthygl 52

Article 68(6)

SCHEDULE 8 Use for Assembly Election Meetings of Rooms in School Premises and of Meeting Rooms

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—

(a) as to the rooms in school premises which a candidate in any Assembly constituency or electoral region is entitled to use,

(b) as to the times at which he is entitled to use them, or

(c) as to the notice which is reasonable,

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—

(a) an individual candidate or his election agent, or

(b) a party list candidate or the election agent for a group of party list candidates,

shall be entitled at all reasonable hours to inspect those lists or a copy of them.

Article 133(3)

SCHEDULE 9 Modification of Election Petition Rules 1960

Assembly election petition: modification of the Election Petition Rules 1960

1.  In relation to an Assembly election petition the Election Petition Rules 1960(29) (“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(30), the following definitions shall be modified in the 1960 Rules—

(a) “the Act” shall be construed as meaning this Order (except in rule 2(3) and where the reference is in relation to a local election petition); and a reference to a provision in the Act in the 1960 Rules shall be construed as a reference to the corresponding provision in this Order,

(b) “petition” shall be construed as meaning an Assembly election petition (within the meaning of article 85(1)), and

(c) “constituency” shall be construed as meaning—

(i) in the case of a petition relating to a constituency election, the Assembly constituency to which the petition relates,

(ii) in the case of a petition relating to a regional election, to the Assembly electoral region to which the petition relates, and

(iii) in the case of a petition relating to a return under section 9 of the 1998 Act, to the Assembly electoral region to which the petition relates.

Rule 2(3) of the 1960 Rules (prescribed officer)

3.  In rule 2(3) of the 1960 Rules(31), “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—

(a) “in the case of a parliamentary election” shall be disregarded,

(b) “the Clerk of the Crown” shall be construed as “the National Assembly for Wales in accordance with Schedule 5 to the National Assembly for Wales (Representation of the People) Order 2003”, and

(c) in the case of a regional election, “result”, “return was” and “member” shall be construed as “results”, “returns were” and “members” respectively.

(2) After rule 4(1)(b) of the 1960 Rules, it shall be construed as if there was inserted—

“(ba) in the case of a petition relating to a return under section 9 of the Government of Wales Act 1998, the date under section 9(6) of that Act on which the person was treated as declared to be returned as an Assembly member;”.

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(32), “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(33), “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(34)—

(a) for the words after “Queen’s Bench Division” to before “The Petition of A.B. of”, there shall be substituted—

• “In the Matter of the Government of Wales Act 1998 and the National Assembly for Wales (Representation of the People) Order 2003.

• And in the Matter of an Assembly election for [state place] held on day of

• And in the Matter of a return of an Assembly member under section 9 of the Government of Wales Act 1998 for the electoral region”,

(b) for paragraphs 1 and 2, there shall be substituted—

“1.   That the Petitioner A.B is a person who voted [or had a right to vote] at the above election [or was a candidate at the above election] [or claims to have had a right to be elected or returned at the above election] [or, in the case of a return under section 9 of the Government of Wales Act 1998, claims to have had a right to be returned under section 9 of the Government of Wales Act 1998] and the Petitioner C.D [state similarly the capacity in which he presents the petition].

That the election was held on the day of when [in the case of an election for an Assembly constituency, [insert names] were candidates] [in the case of a regional election, [insert names] were individual candidates and there were candidates for [insert names of registered political parties which submitted a party list]; the names of those candidates in respect of each such party are set down below.], The returning officer returned [insert names of candidates] to the National Assembly for Wales as being duly elected.

2.   That on the day of [insert name] was treated as having been declared to be returned as an Assembly member for the above named Assembly electoral region under section 9(6) of the Government of Wales Act 1998.

[At an election for an Assembly electoral region the names of the candidates included on a list of a registered political party (together with the name of the party for which they were candidates) are to be set out in respect of each such party.]”,

(c) in paragraph 4, for “section 122(2) or (3) or section 129(2), (3) or (4) of the above Act” there shall be substituted “article 87(2) or (3) of the above Order”, and

(d) for paragraph (1) of the prayer, there shall be substituted—

“(1) That it may be determined that the said [insert name] was not duly elected [or returned] and that the election was void [or that the said [insert name] was duly elected and ought to have been returned] [or that [insert name] ought to have been returned under section 9 of the Government of Wales Act 1998] [or as the case may be].”.

(1)

1997 c. 24.

(2)

1984 c. 23.

(3)

1948 c. 29.

(4)

1948 c. 29.

(5)

1992 c. 4.

(6)

1971 c. 80.

(7)

2000 c. 22.

(8)

Subsection (5A) was added by the Local Government (Wales) Act 1994 (c. 19), Schedule 16.

(9)

S.I. 1986/2209.

(10)

Rule 23(5) was amended by S.I. 1987/261.

(11)

S.I. 1987/562.

(12)

Rule 46(1) was amended by S.I. 1990/158.

(13)

Rule 49 was amended by S.I. 1990/158.

(14)

This form was amended by S.I. 1987/261.

(15)

This form was amended by S.I. 1987/261.

(16)

S.I. 1987/562.

(17)

S.I. 1986/2215.

(18)

Rule 23(5) was amended by S.I. 1987/260.

(19)

S.I. 1987/561.

(20)

Rule 46 was amended by S.I. 1998/585.

(21)

This form was amended by S.I. 1987/260 and S.I. 1990/157.

(22)

This form was amended by S.I. 1987/260.

(23)

S.I. 1987/561.

(24)

1971 c. 80

(25)

S.I. 2003/437.

(26)

1981 c. 34.

(27)

1983 c. 2.

(28)

2000 c. 1.

(29)

S.I. 1960/543.

(30)

Rule 2(2) was amended by S.I. 1985/1278.

(31)

Rule 2(3) was amended by S.I. 1985/1278.

(32)

Rule 9(3) was amended by S.I. 1985/1278.

(33)

Rule 10(2) was amended by S.I. 1985/1278.

(34)

The Schedule to the 1960 Rules was amended by S.I. 1985/1278