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

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

6.—(1) Without prejudice to the provisions of section 6A, 6B, 6C, 6D or 6E of the 2000 Political Parties Act, 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 to attend in his election agent’s place in the case of a regional election; or

(iii) the election agent of a registered political party standing nominated or by the registered nominating officer of that party to attend in the place of that party’s election agent 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 registered political party standing nominated, 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, election agent for a registered political party standing nominated.

(3) Notice in writing 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 opening of the postal voters' ballot boxes.

(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 for a registered political party, as the case may be, 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 a constituency election;

(b) an individual candidate in a regional election; or

(c) the election agent of a registered political party standing nominated,

may himself do any act or thing which any agent of his or of the registered political party on whose list he is a candidate, 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.