National Assembly for Wales (Representation of the People) Order 1999

JurisdictionUK Non-devolved
CitationSI 1999/450

1999No. 450

CONSTITUTIONAL LAW

DEVOLUTION, WALES

REPRESENTATION OF THE PEOPLE

The National Assembly for Wales (Representation of the People) Order 1999

10thMarch1999

ARRANGEMENT OF ARTICLES

PART I

GENERAL

1.

Citation and commencement.

2.

Interpretation.

PART II

ASSEMBLY FRANCHISE AND ITS EXERCISE

3.

Voting at Assembly elections.

4.

Registers of electors etc.

5.

Registration appeals.

6.

Polling districts and places at Assembly elections.

7.

Manner of voting at Assembly elections.

8.

Absent vote at Assembly elections for an indefinite period.

9.

Absent vote at a particular Assembly election.

10.

Absent voters list at Assembly elections.

11.

Proxies at Assembly elections.

12.

Voting as proxy at Assembly elections.

13.

Absent voting at Assembly elections: miscellaneous.

14.

Combination of polls at Assembly and local government elections.

15.

Conduct of Assembly elections etc.

16.

Returning officers.

17.

Officers of councils to be placed at disposal of returning officers.

18.

Returning officers: discharge of functions.

19.

Returning officers: general.

20.

Payments by and to returning officer.

21.

Taxation of returning officer's account.

22.

Loan of equipment for Assembly elections.

23.

Effect of registers.

24.

Effect of misdescription.

25.

Discharge of registration duties.

26.

Payment of expenses of registration.

27.

Personation.

28.

Other voting offences.

29.

Breach of official duty.

30.

Tampering with nomination papers, ballot papers etc.

31.

Requirement of secrecy.

PART III

THE ELECTION CAMPAIGN

32.

Appointment of election agent.

33.

Nomination of sub-agent.

34.

Office of election agent and sub-agent.

35.

Effect of default in election agent's appointment.

36.

Making of contracts through election agent.

37.

Expenses of a registered political party.

38.

Individual candidate: payment of expenses by or through election agent.

39.

Registered political party at an ordinary election: payment of expenses by or through election agent, registered nominating officer etc.

40.

Registered political party at a regional election other than at an ordinary election: payment of expenses by or through election agent, registered nominating officer etc.

41.

Candidate's personal expenses, and petty expenses.

42.

Individual candidate: prohibition of expenses not authorised by election agent etc.

43.

Registered political party at an ordinary election: prohibition of expenses not authorised by election agent, registered nominating officer etc.

44.

Registered political party at a regional election other than at an ordinary election: prohibition of expenses not authorised by election agent, registered nominating officer etc.

45.

Provisions supplemental to articles 43 and 44.

46.

Individual candidate: limitation of election expenses.

47.

Registered political party at an ordinary election: limitation of election expenses.

48.

Registered political party at a regional election other than at an ordinary election: limitation of election expenses.

49.

Provisions supplemental to articles 47 and 48.

50.

Power to vary provisions concerning election expenses.

51.

Time for sending in and paying claims.

52.

Disputed claims.

53.

Election agent's claim.

54.

Individual candidate at an Assembly election: return as to election expenses.

55.

Registered political party: return as to election expenses.

56.

Individual candidate at an Assembly election: declarations as to election expenses.

57.

Registered political party: declarations as to election expenses.

58.

Where no return and declarations are needed at an Assembly election.

59.

Penalty for failure as respects return of declarations.

60.

Penalty for sitting or voting where no return and declarations are delivered etc.

61.

Authorised excuses for failures as to return and declarations.

62.

Court's power to require information from election agent or sub-agent.

63.

Publication of time and place of inspection of returns and declarations.

64.

Individual candidates: inspection of returns and declarations.

65.

Registered political parties: inspection of returns and declarations.

66.

Right to send election address post free.

67.

Broadcasting from outside the United Kingdom.

68.

Imitation poll cards.

69.

Schools and rooms for Assembly election meetings.

70.

Disturbances at Assembly election meetings.

71.

Officials not to act for candidates.

72.

Illegal canvassing by police officers.

73.

No hiring of vehicles to convey voters.

74.

No payments for conveyance of voters.

75.

Provisions supplemental to articles 73 and 74.

76.

"Carriage" in articles 73 to 75.

77.

Access to polling place by sea.

78.

False statements as to candidates.

79.

Corrupt withdrawal from candidature.

80.

Premises not to be used as committee rooms.

81.

Payments for exhibition of election notices.

82.

Printer's name and address on election publications.

83.

Prohibition of paid canvassers.

84.

Providing money for illegal purposes.

85.

Bribery.

86.

Treating.

87.

Undue influence.

88.

Rights of creditors.

89.

Savings as to Assembly elections.

90.

Interpretation of Part III.

91.

Computation of time for purposes of Part III.

PART IV

LEGAL PROCEEDINGS

92.

Method of questioning Assembly election.

93.

Presentation and service of Assembly election petition.

94.

Time for presentation or amendment of Assembly election petition.

95.

Constitution of election court and place of trial.

96.

Judges' expenses and reception.

97.

Attendance of shorthand writer.

98.

Security for costs.

99.

Petition at issue.

100.

List of petitions.

101.

Trial of petition.

102.

Witnesses.

103.

Duty to answer relevant questions.

104.

Expenses of witnesses.

105.

Conclusion of trial of Assembly election petition.

106.

Election court determination in respect of a constituency election etc.

107.

Regional election determined to be void by election court.

108.

Special case for determination of High Court.

109.

Withdrawal of petition.

110.

Evidence required for withdrawal of petition.

111.

Penalty for corrupt withdrawal and breach of article 110.

112.

Substitution of new petitioner.

113.

Report on withdrawal.

114.

Abatement of petition.

115.

Withdrawal and substitution of respondents before trial.

116.

Costs of petition.

117.

Neglect or refusal to pay costs.

118.

Further provision as to costs.

119.

Appeals and jurisdiction.

120.

Report as to candidate guilty of a corrupt or illegal practice.

121.

Candidate reported guilty of corrupt or illegal practice.

122.

Persons reported personally guilty of corrupt or illegal practices.

123.

Persons reported personally guilty of corrupt or illegal practices at parliamentary elections or local government elections.

124.

Persons reported personally guilty of corrupt or illegal practices at European Parliamentary elections.

125.

Justice of the peace.

126.

Members of legal and certain other professions.

127.

Holder of licence or certificate under Licensing Acts.

128.

Avoidance of election for general corruption etc.

129.

Avoidance of election for employing corrupt agent.

130.

Votes to be struck off for corrupt or illegal practices.

131.

Application for relief.

132.

Prosecutions for corrupt practices.

133.

Prosecutions for illegal practices.

134.

Conviction of illegal practice on charge of corrupt practice etc.

135.

Incapacities on conviction of corrupt or illegal practice.

136.

Incapacities on conviction of corrupt or illegal practice at parliamentary elections or local government elections.

137.

Incapacities on convictions of corrupt or illegal practice at European Parliamentary elections.

138.

Mitigation and remission etc.

139.

Illegal payments etc.

140.

Time limit for prosecutions.

141.

Prosecution of offences committed outside the United Kingdom.

142.

Offences by associations.

143.

Evidence by certificate of holding of Assembly elections.

144.

Director of Public Prosecutions.

145.

Rules of procedure.

146

Costs.

147.

Service of notices. 148. Interpretation of Part IV.

149.

Computation of time for the purposes of Part IV.A:.04501005.TXT

PART V

MISCELLANEOUS AND SUPPLEMENTAL

150.

Advertisements.

151.

Assembly constituencies not wholly within a county or county borough.

152.

Forms: absent voting.

153.

Forms: general.

154.

Public notices, and declarations.

155.

Sending of applications and notices.

156.

Publication of documents.

157.

Interference with notices etc.

158.

Premises used for election purposes.

SCHEDULES

1.

Electors lists and registers: miscellaneous and related provision.

2.

Absent voting at Assembly elections.

3.

Issue and receipt of postal ballot papers.

4.

Combination of polls.

5.

Conduct of Assembly elections and return of Assembly members.

6.

Returns and declarations as to election expenses.

7.

Use for Assembly election meetings of rooms in school premises and of meeting rooms.

8.

Modification of Election Petition Rules 1960[ 11 ]

Explanatory Note

The Secretary of State for Wales, in exercise of the powers conferred upon him by section 11 of the Government of Wales Act 1998( 2), hereby makes the following Order, a draft of which has been laid before, and approved by a resolution of, each House of Parliament -

PART I

GENERAL

Citation and commencement

1. This Order may be cited as the National Assembly for Wales (Representation of the People) Order 1999 and shall come into force on the day after the day on which it is made.

Interpretation

2. - (1) In this Order, except where the context otherwise requires -

"appropriate returning officer" means a constituency returning officer in relation to a constituency election and a regional returning officer in relation to a regional election,

"Assembly constituency" is to be construed in accordance with section 2(2) of, and Schedule 1 to, the 1998 Act,

"Assembly election" means a constituency election or a regional election,

"Assembly election petition" means a petition...

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