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

Article 145(3)

SCHEDULE 8 MODIFICATION OF ELECTION PETITION RULES 1960

Assembly election petition: modification of the Election Petition Rules 1960

1.  In relation to an Assembly election petition the Election Petition Rules 1960(1) (“the 1960 Rules”) shall have effect subject to the modifications set down below.

Rule 2(2) of the 1960 Rules (definitions)

2.  In rule 2(2) of the 1960 Rules(2), the following definitions shall be modified in the 1960 Rules—

(a) “the Act” shall be construed as meaning this Order (except in rule 2(3) and where the reference is in relation to a local election petition); and a reference to a provision in the Act in the 1960 Rules shall be construed as a reference to the corresponding provision in this Order,

(b) “petition” shall be construed as meaning an Assembly election petition (within the meaning of article 92(1)), and

(c) “constituency” shall be construed as meaning—

(i) in the case of a petition relating to a constituency election, the Assembly constituency to which the petition relates,

(ii) in the case of a petition relating to a regional election, to the Assembly electoral region to which the petition relates, and

(iii) in the case of a petition relating to a return under section 9 of the 1998 Act, to the Assembly electoral region to which the petition relates.

Rule 2(3) of the 1960 Rules (prescribed officer)

3.  In rule 2(3) of the 1960 Rules(3), “elections under the local government Act” shall be construed as “elections to the National Assembly for Wales”.

Rule 4(1) of the 1960 Rules (form of petition)

4.—(1) In rule 4(1)(b) of the 1960 Rules—

(a) “in the case of a parliamentary election” shall be disregarded,

(b) “the Clerk of the Crown” shall be construed as “the National Assembly for Wales in accordance with Schedule 5 to the National Assembly for Wales (Representation of the People) Order 1999”, and

(c) in the case of a regional election, “result”, “return was” and “member” shall be construed as “results”, “returns were” and “members” respectively.

(2) After rule 4(1)(b) of the 1960 Rules, it shall be construed as if there was inserted—

“(ba) in the case of a petition relating to a return under section 9 of the Government of Wales Act 1998, the date under section 9(6) of that Act on which the person was treated as declared to be returned as an Assembly member;.”

Rule 9(3) of the 1960 Rules (display etc. of notice of time and place of trial)

5.  In rule 9(3) of the 1960 Rules(4), “a parliamentary election petition” shall be construed as “an Assembly election petition”.

Rule 10(1) of the 1960 Rules (identifying votes at issue)

6.  In rule 10(1) of the 1960 Rules, in the case of a petition relating to a regional election, “he had a majority of lawful votes,” shall be construed as “he or the registered political party for which he was a candidate had a higher electoral region figure (within the meaning of section 6(3) of the Government of Wales Act 1998) than another candidate or registered political party,”.

References to “election” in the 1960 Rules

7.  In rule 10(2) and (4)(b), 12(3), 14(2) and 16(3) of the 1960 Rules(5), “election” shall be construed as including “return” and in rule 10(2) “elected” shall be construed as including “returned”.

Form of election petition in the 1960 Rules

8.  In the form of election petition in the Schedule to the 1960 Rules(6)—

(a) for the words after “Queen’s Bench Division” to before “The Petition of A.B. of”, there shall be substituted—

“In the Matter of the Government of Wales Act 1998 and the National Assembly for Wales (Representation of the People) Order 1999.

And in the Matter of an Assembly election for [state place] held on day of .

[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],”

(b) for paragraphs 1 and 2, there shall be 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, claims to have had a right to be returned under section 9 of the Government of Wales Act 1998] 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 when [in the case of an election for an Assembly constituency, [insert names] were candidates] [in the case of a regional election, [insert names] were individual candidates and there were candidates for [insert names of registered political parties which submitted a party list]; the names of those candidates in respect of each such party are set down below.], The returning officer returned [insert names of candidates] to the National Assembly for Wales as being duly elected.

[2.   That on the day of [insert name] was treated as having been declared to be returned as an Assembly member for the above named Assembly electoral region under section 9(6) of the Government of Wales Act 1998.]

[At an election for an Assembly electoral region the names of the candidates included on a list of a registered political party (together with the name of the party for which they were candidates) are to be set out in respect of each such party.],”

(c) in paragraph 4, for “section 122(2) or (3) or section 129(2), (3) or (4) of the above Act” there shall be substituted “article 94(2) or (3) of the above Order”, and

(d) for paragraph (1) of the prayer, there shall be substituted—

“(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 that [insert name] ought to have been returned under section 9 of the Government of Wales Act 1998] [or as the case may be].”.

(1)

S.I. 1960/543.

(2)

Rule 2(2) was amended by S.I. 1985/1278.

(3)

Rule 2(3) was amended by S.I. 1985/1278.

(4)

Rule 9(3) was amended by S.I. 1985/1278.

(5)

Rule 10(2) was amended by S.I. 1985/1278.

(6)

The Schedule to the 1960 Rules was amended by S.I. 1985/1278.