The National Assembly for Wales (Day of First Ordinary Election) (Postponement of Community Councils Elections etc.) Order 1999

Statutory Instruments

1999 No. 722

CONSTITUTIONAL LAW

DEVOLUTION, WALES

REPRESENTATION OF THE PEOPLE

The National Assembly for Wales (Day of First Ordinary Election) (Postponement of Community Councils Elections etc.) Order 1999

Made

9th March 1999

Laid before Parliament

15th March 1999

Coming into force

22nd March 1999

The Secretary of State for Wales, in exercise of the powers conferred upon him by section 3(1), (4) and (5) of the Government of Wales Act 1998(1), hereby makes the following Order–

Citation and commencement

1.  This Order may be cited as the National Assembly for Wales (Day of First Ordinary Election) (Postponement of Community Councils Elections etc.) Order 1999 and shall come into force on 22nd March 1999.

First ordinary election of members to the National Assembly for Wales

2.  The 6th May 1999 is hereby appointed as the day on which the poll at the first ordinary election of members to the National Assembly for Wales shall be held.

Ordinary elections of community councillors

3.  In connection with the provision made by article 2, 10th June 1999 is hereby specified as the day to which the polls at ordinary elections of community councillors shall be postponed(2).

Modifications etc. to enactments

4.—(1) In connection with the postponement of polls for which article 3 provides, the enactments referred to in the remaining paragraphs of this article (enactments relating to elections of community councillors) shall have effect in relation to those polls subject to such modifications or exceptions as are contained in those paragraphs.

(2) Section 16(1) of the Representation of the People Act 1985(3) (postponement of poll at parish or community council election) shall have effect as if–

(a) the words before paragraph (a) are construed as–

“Where the date of the poll at a community council election is postponed by virtue of an order made under section 3(4) of the Government of Wales Act 1998 from the ordinary day of election of councillors for local government areas in England and Wales”,

(b) paragraph (a) is omitted, and

(c) in paragraph (c), “under this subsection” is construed as “by virtue of an order made under section 3(4) of the Government of Wales Act 1998”.

(3) In rule 7 of the Local Elections (Parishes and Communities) Rules 1986(4) (combination of polls under section 15(2) of the Representation of the People Act 1985), “section 15(2) of the Representation of the People Act 1985” shall have effect as if it included a reference to section 15(1) of that Act.

(4) In the entries in the right hand column of the timetable set out in rule 1 of Schedule 2 to the Local Elections (Parishes and Communities) Rules 1986, “the day of election” shall have effect, in relation to such proceedings in the left hand column of that timetable as are set out in paragraph (5), as if those words are construed as “6th May 1999”.

(5) The proceedings referred to in paragraph (4) are–

(a) publication of notice of election,

(b) delivery of nomination papers,

(c) publication of statement as to persons nominated, and

(d) delivery of notices of withdrawals of candidature.

(6) In relation to an election to which paragraph (4) applies, for the purposes of sections 11(3)(5) and 56(4A)(6) of the Representation of the People Act 1983(7) (alterations to register) 13th May 1999 shall be treated as the last day on which nomination papers nominating candidates at that election may be delivered to the returning officer.

Alun Michael

Secretary of State for Wales

9th March 1999

Explanatory Note

(This note is not part of the Order)

This Order appoints 6th May 1999 as the day on which the first ordinary election of members to the National Assembly of Wales is to be held (article 2).

The Order also provides for polls at ordinary elections of community councillors in Wales to be postponed from 6th May 1999 to 10th June 1999 (article 3). And in connection with the postponement of those polls, article 4 provides for modifications or exceptions to enactments relating to elections of community councillors to have effect in relation to those polls.

(1)

1998 c. 38.

(2)

By virtue of section 3(4) of the Government of Wales Act 1998 and article 3 such polls are postponed from 6th May 1999 (ordinary day of election of councillors for local government areas in England and Wales).

(3)

1985 c. 50.

(4)

S.I. 1986/2215.

(5)

Subsection (3) was substituted by the Representation of the People Act 1985, Schedule 4, paragraph 2.

(6)

Subsection (4A) was inserted by the Representation of the People Act 1985, Schedule 4, paragraph 16.

(7)

1983 c. 2.