The National Assembly for Wales (Representation of the People) (Amendment) Order 2006
| Jurisdiction | UK Non-devolved |
2006 No. 884
CONSTITUTIONAL LAWDEVOLUTION, WALESREPRESENTATION OF THE PEOPLE
The National Assembly for Wales (Representation of the People) (Amendment) Order 2006
Made 22th March 2006
Coming into force in accordance with article 1(1)
The Secretary of State for Wales, in exercise of the powers conferred upon him by Section 11 of the Government of Wales Act 19981and after consulting the Electoral Commission2, makes the following order, a draft of which has been laid before, and approved by, a resolution of each House of Parliament.
Citation, commencement and interpretation
1.—(1) This Order may be cited as the National Assembly for Wales (Representation of the People) (Amendment) Order 2006 and shall come into force on the day after the day on which it is made.
(2) “The 2003 Order” means The National Assembly for Wales (Representation of the People) Order 20033.
Amendment of the 2003 Order
2. The 2003 Order is amended in accordance with the following provisions of this Order.
Article 8
3. In article 8 (absent vote at Assembly elections for a particular or an indefinite period), omit paragraph (8).
Article 9
4. In article 9 (absent vote at a particular Assembly election)—
(a) in paragraph (1), omit “(subject to paragraph (4))”;
(b) in paragraph (2) (a), for “in the United Kingdom” substitute “from that shown in the record”; and
(c) omit paragraph (4).
Article 12
5. In article 12 (voting as proxy at Assembly elections)—
(a) in paragraph (4), omit “(subject to paragraph (10))”;
(b) in paragraph (7), for “in the United Kingdom” substitute “from that shown in the record”; and
(c) omit paragraph (10).
Schedule 2
6. In Schedule 2 (absent voting at Assembly elections)—
(a) in paragraph 1(1), omit “, in addition to the address which is required by article 8(8), 9(4) or 12(10)(as the case may be),”;
(b) in paragraph 1(1) (b) and paragraph 1(2), for “or will be registered” substitute “registered or has applied to be (or is treated as having applied to be) registered”;
(c) after paragraph 1, insert—
“Additional provision concerning the requirement for the application for an absent vote to be signed by the applicant
1A. The registration officer may satisfy himself that an application for an absent vote meets the requirement in paragraph 1 above that it has been signed by the applicant by referring to any signature previously provided by the applicant to the registration officer or the returning officer.
Additional requirements for applications for ballot papers to be sent to a different address from that shown in the record kept under articles 8 or 12
1B. An application under—
(a) article 9 (2) (a) by a person shown as voting by post in the record kept under Article 8, or
(b) article 12 (7) by a person shown as voting by post in the record kept under Article 12 (6),
for his ballot paper to be sent to a different address from that shown in the record shall set out why the applicant’s circumstances will be or are likely to be such that he requires his ballot paper to be sent to that address.”.
(d) for paragraph 4 substitute—
“4.—(1) An application under article 9 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 will be or are likely to be such that he cannot reasonably be expected to vote in person at his allotted polling station.
(2) Where an application under article 9 to vote by proxy at a particular election—
(a)
(a) is made on the grounds of the applicant’s physical incapacity, and
(b)
(b) is made after 5pm on the sixth day before the date of the poll at the election for which it is made,
the requirements of paragraph 2 as to the matters to be specified and the attestation shall apply.
(3) Where the application mentioned in sub-paragraph (2) above is made, the person who attests the application shall state, in addition to those matters specified in paragraph 2(4), to the best of his knowledge and belief, the date upon which the applicant became physically incapacitated.”
(e) for paragraph 6(1) substitute—
“6.—(1) An application—
(a)
(a) to vote by post under article 8(1) or 9(1), or
(b)
(b) 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 5pm on the eleventh day before the date of the poll at that election.
(1A) Subject to sub-paragraph (1B) an application—
(a)
(a) to vote by proxy under article 8(1) or 9(1), or
(b)
(b) for the appointment of a proxy under article 11(6) or 11(7),
shall be disregarded for the purposes of any particular Assembly election if it is received by the registration officer after 5pm on the sixth day before the date of the poll at that election.
(1B) Where—
(a)
(a) an application under article 9(1) is made on the grounds of the applicant’s physical incapacity, and
(b)
(b) the applicant became physically incapacitated after 5pm on the sixth day before the date of the poll at the election for which it was made,
the application, or an application under article 11(7) made by virtue of that application, shall be refused if it is received after 5pm on the day of the poll at the election for which it is made.”.
(f) in paragraph 7—
(i) in sub-paragraphs (1), (2) and (5) omit “, where practicable,” ; and
(ii) after sub paragraph (4), insert—
“4A Where the registration officer grants an application made under—
(a) article 9 (2) (a) by a person shown as voting by post in the record kept under article 8, or
(b) article 12(7) by a person shown as voting by post in the record kept under article 12(6),
he shall notify the applicant of this.
4B Where a person is removed from the record kept pursuant to article 8, the registration officer shall notify him of this and the reason for it.
4C Where the appointment of a proxy is cancelled by the elector or otherwise ceases to be in force, the registration officer shall notify the elector that the appointment has been cancelled or, as the case may be, notify him that the appointment has ceased and the reason for it.”.
Schedule 3
7. In Schedule 3 (issue and receipt of postal ballot papers)—
(a) in paragraph 14—
(i) for sub-paragraphs (1) and (2) substitute—
“1 If a postal voter has inadvertently dealt with his ballot paper or declaration of identity in such a manner that it cannot be conveniently used as a ballot paper (referred to as “a spoilt ballot paper”)...
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