Form of election petition in the 1960 Rules
8. The form of election petition in the Schedule to the 1960 Rules(1) shall apply in relation to an Assembly election petition as if—
(a)for the words after “Queen’s Bench Division” to before “The Petition of A.B. of”, there were substituted—
(i)in the case of an electoral region vacancy occurring before the 2007 Assembly general election—
“In the Matter of the Government of Wales Act 1998 and the National Assembly for Wales (Representation of the People) Order 2007
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 and made on the ... ... ... ...day of ... ... ... .....20 ... ... ... ....”;
(ii)in the case of any subsequent electoral regional vacancy—
“In the Matter of the Government of Wales Act 2006 and the National Assembly for Wales (Representation of the People) Order 2007
And in the Matter of a return of an Assembly member under section 11 of the Government of Wales Act 2006 for thedotfill;electoral region and made on the ... ... ... ... day of ... ... ... ... 20 ... ... ... ....”;
(iii)in the case of an Assembly election at the 2007 Assembly general election—
“In the Matter of the Government of Wales Act 1998 and the National Assembly for Wales (Representation of the People) Order 2007
And in the Matter of an Assembly election for [state place] held on the ... ... ... ....day of ... ... ... .... 2007”; and
(iv)in the case of any subsequent Assembly election—
“In the Matter of the Government of Wales Act 2006 and the National Assembly for Wales (Representation of the People) Order 2007
And in the Matter of an Assembly election for [state place] held on the ... ... ... ...day of ... ... ... ... 20 ... ... ... ...”;
(b)but subject to sub-paragraph (c), for paragraphs 1 and 2, there were 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 or, as the case may be, under section 11 of the Government of Wales Act 2006, claims to have had a right to be returned under section 9 of the Government of Wales Act 1998 (or, as the case may be, section 11 of the Government of Wales Act 2006)] and the Petitioner C.D.[state similarly the capacity in which he presents the petition].
2. That the election was held on the ... ... ... ...day of ... ... ... ...20 ... ... ... ... when [[in the case of an election for an Assembly constituency, insert names of candidates] were candidates][[or, in the case of a regional election insert names] were individual candidates and there were candidates for [insert names of registered political parties appearing on the ballot paper] the names of those candidates in respect of each such party are set down below*/annexed hereto* (*delete as appropriate)], and on the ... ... ... ... day of ... ... ... ... 20 ... ... ... ..., the returning officer returned [insert name[s] of candidate[s]] to the Clerk of the National Assembly for Wales as being duly elected.
[*at an election for an Assembly electoral region set out the name of each registered political party appearing on the ballot paper and after the name of each party the names of the candidates of that party appearing on the ballot paper.]”;
(c)in the case of a petition relating to a return in respect of an electoral region vacancy instead of paragraph 2 set out in sub-paragraph (b) substitute—
“2. That in respect of a vacancy in the [insert name of Assembly electoral region]electoral region, on the ... ... ... ...day of ... ... ... ...20 ... ... ... ... the returning officer notified the Presiding Officer of the National Assembly for Wales that E.F. was to fill that vacancy and pursuant to *section 9(6) of the Government of Wales Act 1998/ *section 11(6) of the Government of Wales Act 2006 (*delete as appropriate) was on the ... ... ... ...day of ... ... ... ... 20 ... ... ... ... treated as having been declared to be returned.”;
(d)in paragraph 4, for “section 122(2) or (3) or section 129(2), (3) or (4) of the above Act” there were substituted “article 88(2) or (3) of the above Order”; and
(e)for paragraph (1) of the prayer, there were substituted—
(i)in the case of a petition in relation to an election—
“(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 as the case may be].”; and
(ii)in the case of a petition in relation to a vacancy in respect of an electoral region—
“(1) That it may be determined that the said [insert name] was not duly returned and that the said [insert name] ought to have been returned under *section 9 of the Government of Wales Act 1998 / *under section 11 of the Government of Wales Act 2006 (*delete as appropriate)[or as the case may be].”.
The Schedule to the 1960 Rules was amended by S.I. 1985/1278.