The National Assembly for Wales (Representation of the People) Order 2007
PART 1General
1Citation, commencement and revocation
2Interpretation
PART 2Assembly franchise and its exercise
3Voting at Assembly elections
4Registers of electors etc
5Registration appeals
6Polling districts and places at Assembly elections
7Manner of voting at Assembly elections
8Absent vote at Assembly elections for a particular or an indefinite period
9Absent vote at a particular Assembly election
10Absent voters lists at Assembly elections
11Proxies at Assembly elections
12Voting as proxy at Assembly elections
13Electors' signatures and use of personal identifier information
14Offences
15Absent voting at Assembly elections: miscellaneous
16Combination of polls at Assembly and local government elections
17Rules for Assembly elections
18Returning officers
19Officers of councils to be placed at disposal of returning officers
20Returning officers: discharge of functions
21Returning officers: correction of procedural errors
22Returning officers: general
23Payments by and to returning officer
24Detailed assessment of returning officer’s account
25Loan of equipment for Assembly elections
26Effect of registers
27Effect of misdescription
28Discharge of registration duties
29Payment of expenses of registration
30Personation
31Other voting offences
32Breach of official duty
33Tampering with nomination papers, ballot papers etc
34False statements in nomination papers etc
35Requirement of secrecy
36Prohibition on publication of exit polls
PART 3The election campaign
37Appointment of election agent
38Nomination of sub-agent
39Office of election agent and sub-agent
40Effect of default in election agent’s appointment
41Control of donations to constituency and individual candidates
42Expenses of constituency candidate
43Constituency and individual candidates: payment of expenses by or through election agent
44Expenses which may be paid otherwise than by election agent
45Expenses incurred otherwise than for election purposes
46Constituency and individual candidates: prohibition of expenses not authorised by election agent etc
47Constituency and individual candidates: limitation of election expenses
48Power to vary provisions concerning election expenses
49Time for sending in and paying claims
50Disputed claims
51Election agent’s claim
52Constituency and individual candidates: return as to election expenses
53Constituency and individual candidates: declaration as to election expenses
54Party list candidates: declarations as to election expenses
55Circumstances in which no return or declaration is required
56Penalty for failure as respects return or declarations
57Penalty for sitting or voting where no return and declarations are delivered etc
58Authorised excuses for failures as to return and declarations
59Court’s power to require information from election agent or sub-agent
60Duty of appropriate returning officer to forward returns and declarations to the Commission
61Publication of time and place of inspection of returns and declarations
62Constituency and individual candidates: inspection of returns and declarations
63Meaning of “election expenses”
64Property, goods, services etc. provided free of charge or at a discount
65Right to send election address post free
66Broadcasting from outside United Kingdom
67Broadcasting of local items during election period.
68Imitation poll cards
69Schools and rooms for Assembly election meetings
70Disturbances at Assembly election meetings
71Officials not to act for candidates
72Illegal canvassing by police officers
73False statements as to candidates
74Corrupt withdrawal from candidature
75Payments for exhibition of election notices
76Printer’s name and address on election publications
77Prohibition of paid canvassers
78Providing money for illegal purposes
79Bribery
80Treating
81Undue influence
82Rights of creditors
83Savings as to Assembly elections
84Interpretation of Part 3
85Computation of time for purposes of Part 3
PART 4Legal proceedings
86Method of questioning Assembly election
87Presentation and service of Assembly election petition
88Time for presentation or amendment of Assembly election petition
89Constitution of election court and place of trial
90Judges' expenses and reception
91Attendance of shorthand writer
92Security for costs
93Petition at issue
94List of petitions
95Trial of petition
96Witnesses
97Duty to answer relevant questions
98Expenses of witnesses
99Conclusion of trial of Assembly election petition
100Election court determination in respect of a constituency election etc
101Regional election determined to be void by election court
102Special case for determination of High Court
103Withdrawal of petition
104Costs of petition
105Neglect or refusal to pay costs
106Further provision as to costs
107Appeals and jurisdiction
108Report as to candidate guilty of a corrupt or illegal practice
109Candidate reported guilty of corrupt or illegal practice
110Persons reported personally guilty of corrupt or illegal practices
111Persons reported personally guilty of corrupt or illegal practices at parliamentary elections or local government elections
112Persons reported personally guilty of corrupt or illegal practices at European parliamentary elections
113Justice of the peace
114Members of legal and certain other professions
115Holder of licence or certificate under Licensing Acts
116Avoidance of election for general corruption etc
117Avoidance of election for employing corrupt agent
118Votes to be struck off for corrupt or illegal practices
119Application for relief
120Prosecutions for corrupt practices
121Prosecutions for illegal practices
122Conviction of illegal practice on charge of corrupt practice etc
123Incapacities on conviction of corrupt or illegal practice
124Incapacities on conviction of corrupt or illegal practice at parliamentary or local government elections
125Incapacities on conviction of corrupt or illegal practice at European parliamentary elections
126Mitigation and remission etc
127Illegal payments etc
128Time limit for prosecutions
129Prosecution of offences committed outside the United Kingdom
130Offences by associations
131Evidence by certificate of holding of Assembly elections
132Evidence by certificate of electoral registration
133Director of Public Prosecutions
134Rules of procedure
135Costs
136Service of notices
137Interpretation of Part 4
138Computation of time for purposes of Part 4
PART 5Miscellaneous and supplemental
139Advertisements
140Assembly constituencies not wholly within a county or county borough
141Translations etc. of certain documents
142Forms: general
143Public notices, and declarations
144Sending of applications and notices; electronic signatures and related certificates
145Publication of documents
146Interference with notices etc
147Premises used for election purposes
148Dissolution of the Assembly
149Saving and transitional provision as to incapacities in respect of Assembly elections
SCHEDULE 1Absent voting at Assembly elections
1General requirements for applications
2The personal identifiers record
3Additional requirements for applications for appointment of a proxy
4Additional requirements for applications on grounds of blindness or other disability
5Additional requirements for applications for a proxy vote based on occupation, service, employment or attendance on a course
6Additional requirements for applications to vote by proxy in respect of a particular Assembly election
7Closing dates for applications
8Grant or refusal of applications
9Notice of appeal
10Cancellation of proxy appointment
11Inquiries by registration officer
12Requirement to provide fresh signatures at five yearly intervals
13Records and lists kept under articles 8, 10 and 12
14Conditions on the use, supply and inspection of absent voter records or lists
15Marked register for polling stations
16Certificate of employment at an Assembly election
17Notification by registration officer
SCHEDULE 2Absent voting (transitional provisions)
1Requiring personal identifiers from existing absent voters
2Required information to be provided to existing absent voters
3Additional steps and determination by registration officer
4Removal from absent voting records
5Pending applications
SCHEDULE 3Issue and receipt of postal ballot papers
1Interpretation
Issue of postal ballot papers
2Combination of polls
3Form of postal voting statement
4Regional elections
5Persons entitled to be present at proceedings on issue of postal ballot papers.
6Persons entitled to be present at proceedings on receipt of postal ballot papers
7Notification of requirement of secrecy
8Time when postal ballot papers are to be issued
9Procedure on issue of postal ballot paper
10Refusal to issue postal ballot papers
11Envelopes
12Sealing up of completed corresponding number lists and security of special lists
13Delivery of postal ballot papers
14Spoilt postal ballot paper
15Lost postal ballot papers
Receipt of postal ballot papers
16Notice of opening of postal ballot paper envelopes
17Postal ballot boxes and receptacles
18Receipt of covering envelope
19Opening of postal voters' ballot box
20Opening of covering envelopes
21Confirming receipt of postal voting statements
22Procedure in relation to postal voting statements
23Procedure in relation to postal voting statements: personal identifier verification
24Postal voting statements: additional personal identifier verification
25Opening of ballot paper envelopes
26Retrieval of cancelled postal ballot papers
27Lists of rejected postal ballot papers
28Checking of lists kept under paragraph 27
29Sealing of receptacles
30Abandoned poll
31Forwarding of documents
SCHEDULE 4Combination of polls
PART 1General
1Returning officers and polling stations
2Functions at combined polls
3Modification of provisions about expenses in this Order and the 1983 Act
PART 2Modifications 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 16 (1) or (2)
4Modifications to Schedule 5: general provision
5Rule 28 of Schedule 5 (colour of ballot papers)
6Rule 32 of Schedule 5 (notice of poll)
7Rule 36 of Schedule 5 (issue of official poll cards)
8Rule 37 of Schedule 5 (equipment of polling stations)
9Rule 38 of Schedule 5 (appointment of polling and counting agents)
10Rule 41 of Schedule 5 (admission to polling station)
11Rule 44 of Schedule 5 (questions to be put to voters)
12Rule 46 of Schedule 5 (voting procedure)
13Rule 47 of Schedule 5 (votes marked by presiding officer)
14Rule 48 of Schedule 5 (voting by persons with disabilities)
15Rule 49 of Schedule 5 (tendered ballot papers)
16Rule 51 of Schedule 5 (correction of errors on the day of poll)
17Rule 52 of Schedule 5 (adjournment of poll in case of riot)
18Rule 53 of Schedule 5 (procedure on close of poll)
19Rule 54 of Schedule 5 (time of, and attendance at, counting of votes)
20Rule 55 of Schedule 5 (the count)
21Rule 67 of Schedule 5 (delivery of documents to relevant registration officer)
22Rule 70 of Schedule 5 (constituency election: death of independent candidate)
23Rule 73 of Schedule 5 (constituency election: death of party candidate)
24Rule 76 of Schedule 5 (abandoned poll)
25Schedule 10 (appendix of forms)(form CP)
26Schedule 10 (appendix of forms) (form CQ)
PART 3Modifications 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 16(1) or (2)
27Modifications to principal area election rules: general provision
28Rule 16 of principal area election rules (the ballot papers)
29Rule 21 of principal area election rules (notice of poll)
30Rule 25 of principal area election rules (issue of official poll cards)
31Rule 26 of principal area election rules (equipment of polling stations)
32Rule 27 of principal area election rules (appointment of polling and counting agents)
33Rule 35 of principal area election rules (voting procedure)
34Rule 36 of principal area election rules (votes marked by presiding officer)
35Rule 37 of principal area election rules (voting by persons with disabilities)
36Rule 39 of principal area election rules (tendered ballot papers, general provisions)
37Rule 42 of principal area election rules (adjournment of poll in case of riot)
38Rule 43 of principal area election rules (procedure on close of poll)
39Rule 44 of principal area election rules (attendance at counting of votes)
40Rule 45 of principal area election rules (the count)
41Rule 52 of principal area election rules (delivery of documents to relevant registration officer)
42Rule 55 of principal area election rules (countermand or abandonment of poll on death of candidate)
43Appendix of forms to principal area election rules (postal voting statement)
44Appendix of forms to principal area election rules (directions for the guidance of the voters in voting)
45Appendix of forms to principal area election rules (declaration to be made by the companion of a voter with disabilities)
PART 4Modifications 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 16(1) or (2)
46Modifications to community election rules: general provision
47Rule 16 of community election rules (the ballot papers)
48Rule 21 of community election rules (notice of poll)
49Rule 25 of community election rules (issue of official poll cards)
50Rule 26 of community election rules (equipment of polling stations)
51Rule 27 of community election rules (appointment of polling and counting agents)
52Rule 35 of community election rules (voting procedure)
53Rule 36 of community election rules (votes marked by presiding officer)
54Rule 37 of community election rules (voting by persons with disabilities)
55Rule 39 of community election rules (tendered ballot papers; general provisions)
56Rule 42 of community election rules (adjournment of poll in case of riot)
57Rule 43 of community election rules (procedure on close of poll)
58Rule 44 of community election rules (attendance at counting of votes)
59Rule 45 of community election rules (the count)
60Rule 55 of community election rules (countermand or abandonment of poll on death of candidate)
61Appendix of forms to community election rules (postal voting statement)
62Appendix of forms to community election rules (directions for the guidance of the voters in voting)
63Appendix of forms to community election rules (declaration to be made by the companion of a voter with disabilities)
SCHEDULE 5Assembly election rules
PART 1Provision as to time
1Timetable
2Computation of time
PART 2Stages common to contested and uncontested elections
Notice of election
3Notice of election: constituency election and regional election
Nomination
4Nomination of candidates at a constituency election
5Constituency nomination paper: name or description of registered political party
6Nomination of individual candidates at a regional election
7Nomination of parties and party list candidates at a regional election
8Party nomination paper: name or description of registered political party
9Consent to nomination
10Deposit
11Place for delivery of nomination papers
12Right to attend nomination
13Decisions as to validity of individual and constituency nomination papers
14Decisions as to validity of party nomination papers
15Withdrawal of candidates
16Constituency election: publication of statement of persons nominated
17Regional election: publication of statement of parties and other persons nominated
18Correction of minor errors
19Disqualification by Representation of the People Act 1981
20Adjournment of nomination proceedings in the case of riot
21Method of election at a constituency election
22Method of election at a regional election
PART 3Contested elections
General provisions
23Poll to be taken by ballot
24The ballot paper at a constituency election
25The ballot paper at a regional election
26Polls with two ballot papers
27Corresponding number list
28Colour of ballot papers
29The official mark
30Prohibition of disclosure of vote
31Use of schools and public rooms
Action to be taken before the poll
32Notice of poll
33Postal ballot papers
34Provision of polling stations
35Appointment of presiding officers and clerks
36Issue of official poll cards
37Equipment of polling stations
38Appointment of polling and counting agents
39Notification of requirement of secrecy
40Return of postal ballot papers
The poll
41Admission to polling station
42Keeping of order in the polling station
43Sealing of ballot boxes
44Questions to be put to voters
45Challenge of voter
46Voting procedure
47Votes marked by presiding officer
48Voting by persons with disabilities
49Tendered ballot papers
50Spoilt ballot papers
51Correction of errors on the day of poll
52Adjournment of poll in case of riot
53Procedure on close of poll
Counting of votes
54Time of, and attendance at, counting of votes
55The count
56Re-count at a constituency election
57Re-count of electoral region votes in an Assembly constituency
58Rejected ballot papers
59Decisions on ballot papers
60Equality of votes at a constituency election
61Regional election: conveying results of count etc. to regional returning officer
PART 4Final proceedings in contested and uncontested elections
62Declaration of result at a constituency election
63Ascertainment of results at a contested regional election
64Declaration of results at a regional election
65Return or forfeiture of deposit
PART 5Disposal of documents
66Sealing up of ballot papers
67Delivery of documents to relevant registration officer
68Order for production of documents
69Retention and public inspection of documents
PART 6Death of candidate
70Constituency election: death of independent candidate
71Constituency election: deceased independent candidate wins
72Constituency election: deceased independent candidate with equality of votes
73Constituency election: death of party candidate
74Regional election: effect of countermand or abandonment of constituency poll
75Regional election: death of candidate
76Abandoned poll
PART 7Miscellaneous
77Vacancies: Assembly constituency seats
78Vacancies: return of electoral region members
79Return of Assembly members and record of returns etc
80Registered political parties
81Party’s registered nominating officer: discharge of functions
SCHEDULE 6Control of donations to candidates
PART 1General
1Interpretation
2Donations: general rules
3Sponsorship
4Payments etc. not to be regarded as donations
5Value of donations
PART 2Controls on donations
6Prohibition on accepting donations from impermissible donors
7Acceptance or return of donations
8Transfer of donations received by candidate to election agent
9Evasion of restrictions on donations
PART 3Reporting of donations
10Statement of relevant donations
11Donations from permissible donors
12Donations from impermissible donors
SCHEDULE 7Election expenses
PART 1List of matters
1Advertising of any nature (whatever the medium used). Expenses in...
2Unsolicited material addressed to electors (whether addressed to them by...
3Transport (by any means) of persons to any place. Expenses...
4Public meetings (of any kind). Expenses in respect of such...
5The services of an election agent or any other person...
6Accommodation and administrative costs.
PART 2General exclusions
7The payment of any deposit required by rule 10 of...
8The publication of any matter, other than an advertisement, relating...
9The provision of any facilities provided in pursuance of any...
10The provision by an individual of his own services which...
11(1) Accommodation which is the candidate’s sole or main residence....
12(1) Transport by a means of transport which was acquired...
13(1) Computing or printing equipment which was acquired by the...
SCHEDULE 8Use for Assembly election meetings of rooms in school premises and of meeting rooms
1Use of rooms in school premises
2Lists of rooms in school premises
3Lists of meeting rooms
4Lists to be kept by registration officer etc
5Inspection etc. of lists
SCHEDULE 9Modification of Election Petition Rules 1960
1Assembly election petition: modification of the Election Petition Rules 1960
2Rule 2(2) of the 1960 Rules (definitions)
3Rule 2(3) of the 1960 Rules (prescribed officer)
4Rule 4(1) of the 1960 Rules (form of petition)
5Rule 9(3) of the 1960 Rules (display etc. of notice of time and place of trial)
6Rule 10(1) of the 1960 Rules (identifying votes at issue)
7References to “election” in the 1960 Rules
8Form of election petition in the 1960 Rules
9References to the 1983 Act
SCHEDULE 10Appendix of forms
Form CA: Form of proxy paper
Form CB: Form of certificate of employment
Form CC1: Form of postal voting statement
Form CC2: Form of postal voting statement
Form CC3: Form of postal voting statement
Form CD: Statement as to postal ballot papers
Form CE: Form of nomination paper: constituency election
Form CF: Form of certificate referred to in rule 5(1)
Form CG: Form of certificate referred to in rule 5(3)
Form CH: Form of individual nomination paper: regional election
Form CI: Form of party nomination paper: regional election
Form CJ: Form of certificate referred to in rule 8(1)
Form CK: Form of Ballot paper: Constituency Election
Form CK1: Directions as to printing the ballot paper: constituency election
1Nothing is to be printed on the ballot paper except...
2So far as practicable, the arrangements set down below shall...
3Nothing in paragraph 2 prohibits the front of the ballot...
4(1) This paragraph makes provision in respect of that part...
5No word shall be printed on the front of the...
6The blocks, numbers, particulars of the candidates (except their addresses)...
7No rule shall be printed on the front of the...
8The space on the ballot paper between each horizontal rule...
9On the ballot paper the surname of each candidate shall...
10Where a registered emblem is to be printed against a...
11The number and other unique identifying mark may be printed...
Form CL: Form of Ballot paper: Regional Election
Form CL1: Directions as to printing the ballot paper: regional election
1Nothing is to be printed on the ballot paper except...
2So far as practicable, the arrangements set down below shall...
3Nothing in paragraph 2 prohibits the front of the ballot...
4(1) This paragraph makes provision in respect of that part...
5No word shall be printed on the front of the...
6The blocks, numbers, descriptions of registered political parties, names of...
7No rule shall be printed on the front of the...
8The space on the ballot paper between each horizontal rule...
9On the ballot paper the name of each individual and...
10The names of the party list candidates shall appear—
11Where a registered emblem is to be printed against a...
12The number and other unique identifying mark may be printed...
Form CM: Form of corresponding number list
Form CN1: Elector’s form of poll card
Form CN2: Proxy’s form of poll card
Form CN3: Postal voter’s form of poll card
Form CN4: Postal proxy voter’s form of poll card
Form CO: Form of corresponding number list for use by presiding officers in polling stations
Form CP: Form of directions for the guidance of voters in voting
Form CQ: Form of declaration to be made by the companion of a voter with disabilities
Form CR: Form of certificate declaring candidate to be returned at a constituency election
Form CS: Form of certificate declaring candidates to be returned at a regional election
Form CT: Form of certificate: electoral region; seat to remain vacant until next Assembly general election
Form CU: Form of return: expenses incurred in support of a candidate
Form CV: Form of declaration: expenses incurred in support of a candidate
Form CW: Return of candidate’s election expenses
Form CX: Form of declaration by constituency or individual candidate as to election expenses
Form CY: Form of declaration by party list candidates as to election expenses

2007 No. 236

CONSTITUTIONAL LAW
DEVOLUTION, WALES
REPRESENTATION OF THE PEOPLE

The National Assembly for Wales (Representation of the People) Order 2007

Made

Coming into force in accordance with article 1(1)

This Order is made in exercise of the powers conferred by section 11 of the Government of Wales Act 19981.

In accordance with section 7(1) of the Political Parties, Elections and Referendums Act 20002 the Secretary of State for Wales has taken into account the views of the Electoral Commission, and in accordance with section 8(2) and (3)(b) of that Act of 2000, he has acted on the recommendation of the Commission in limiting the expenses of candidates under section 11(2)(c) of the 1998 Act.

In accordance with section 154(2) and (3)(a) of the 1998 Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament, accordingly the Secretary of State for Wales makes the following Order: