The National Assembly for Wales (Representation of the People) Order 2003

1. Introductory Text

2. PART I GENERAL

   1. 1. Citation, commencement and revocation.

   2. 2. Interpretation.

3. PART II ASSEMBLY FRANCHISE AND ITS EXERCISE

   1. 3. Voting at Assembly elections.

   2. 4. Registers of electors etc.

   3. 5. Registration appeals.

   4. 6. Polling districts and places at Assembly elections.

   5. 7. Manner of voting at Assembly elections.

   6. 8. Absent vote at Assembly elections for a particular or an indefinite period.

   7. 9. Absent vote at a particular Assembly election.

   8. 10. Absent voters list at Assembly elections.

   9. 11. Proxies at Assembly elections.

   10. 12. Voting as proxy at Assembly elections.

   11. 13. Offences.

   12. 14. Absent voting at Assembly elections: miscellaneous.

   13. 15. Combination of polls at Assembly and local government elections.

   14. 16. Conduct of Assembly elections etc.

   15. 17. Returning officers.

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

   17. 19. Returning officers: discharge of functions.

   18. 20. Returning officers: general.

   19. 21. Payments by and to returning officer.

   20. 22. Taxation of returning officer’s account.

   21. 23. Loan of equipment for Assembly elections.

   22. 24. Effect of registers.

   23. 25. Effect of misdescription.

   24. 26. Discharge of registration duties.

   25. 27. Payment of expenses of registration.

   26. 28. Personation.

   27. 29. Other voting offences.

   28. 30. Breach of official duty.

   29. 31. Tampering with nomination papers, ballot papers etc.

   30. 32. False statements in nomination papers etc.

   31. 33. Requirement of secrecy.

   32. 34. Prohibition on publication of exit polls.

4. PART III THE ELECTION CAMPAIGN

   1. 35. Appointment of election agent.

   2. 36. Nomination of sub-agent.

   3. 37. Office of election agent and sub-agent.

   4. 38. Effect of default in election agent’s appointment.

   5. 39. Control of donations to constituency and individual candidates.

   6. 40. Expenses of constituency candidate.

   7. 41. Constituency and individual candidates: payment of expenses by or through election agent.

   8. 42. Expenses which may be paid otherwise than by election agent.

   9. 43. Expenses incurred otherwise than for election purposes.

   10. 44. Constituency and individual candidates: prohibition of expenses not authorised by election agent etc.

   11. 45. Constituency and individual candidates: limitation of election expenses.

   12. 46. Power to vary provisions concerning election expenses.

   13. 47. Time for sending in and paying claims.

   14. 48. Disputed claims.

   15. 49. Election agent’s claim.

   16. 50. Constituency and individual candidates: return as to election expenses.

   17. 51. Constituency and individual candidates: declarations as to election expenses.

   18. 52. Party list candidates: declarations as to election expenses.

   19. 53. Circumstances in which no return or declaration is required.

   20. 54. Penalty for failure as respects return of declarations.

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

   22. 56. Authorised excuses for failures as to return and declarations.

   23. 57. Court’s power to require information from election agent or sub-agent.

   24. 58. Duty of appropriate returning officer to forward returns and declarations to Electoral Commission.

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

   26. 60. Constituency and individual candidates: inspection of returns and declarations.

   27. 61. Meaning of “election expenses”.

   28. 62. Incurring of election expenses for purposes of article 61.

   29. 63. Property, goods, services etc provided free of charge or at a discount.

   30. 64. Right to send election address post free.

   31. 65. Broadcasting from outside the United Kingdom.

   32. 66. Broadcasting of local items during election period.

   33. 67. Imitation poll cards.

   34. 68. Schools and rooms for Assembly election meetings.

   35. 69. Disturbances at Assembly election meetings.

   36. 70. Officials not to act for candidates.

   37. 71. Illegal canvassing by police officers.

   38. 72. False statements as to candidates.

   39. 73. Corrupt withdrawal from candidature.

   40. 74. Payments for exhibition of election notices.

   41. 75. Printer’s name and address on election publications.

   42. 76. Prohibition of paid canvassers.

   43. 77. Providing money for illegal purposes.

   44. 78. Bribery.

   45. 79. Treating.

   46. 80. Undue influence.

   47. 81. Rights of creditors.

   48. 82. Savings as to Assembly elections.

   49. 83. Interpretation of Part III

   50. 84. Computation of time for purposes of Part III.

5. PART IV LEGAL PROCEEDINGS

   1. 85. Method of questioning Assembly election.

   2. 86. Presentation and service of Assembly election petition.

   3. 87. Time for presentation or amendment of Assembly election petition.

   4. 88. Constitution of election court and place of trial.

   5. 89. Judges' expenses and reception.

   6. 90. Attendance of shorthand writer.

   7. 91. Security for costs.

   8. 92. Petition at issue.

   9. 93. List of petitions.

   10. 94. Trial of petition.

   11. 95. Witnesses.

   12. 96. Duty to answer relevant questions.

   13. 97. Expenses of witnesses.

   14. 98. Conclusion of trial of Assembly election petition.

   15. 99. Election court determination in respect of a constituency election etc.

   16. 100. Regional election determined to be void by election court.

   17. 101. Special case for determination of High Court.

   18. 102. Withdrawal of petition.

   19. 103. Costs of petition.

   20. 104. Neglect or refusal to pay costs.

   21. 105. Further provision as to costs.

   22. 106. Appeals and jurisdiction.

   23. 107. Report as to candidate guilty of corrupt or illegal practices.

   24. 108. Candidate reported guilty of corrupt or illegal practice.

   25. 109. Persons reported personally guilty of corrupt or illegal practices.

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

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

   28. 112. Justice of the peace.

   29. 113. Members of legal and certain other professions.

   30. 114. Holder of licence or certificate under Licensing Acts.

   31. 115. Avoidance of election for general corruption etc.

   32. 116. Avoidance of election for employing corrupt agent.

   33. 117. Votes to be struck off for corrupt or illegal practices.

   34. 118. Application for relief.

   35. 119. Prosecutions for corrupt practices.

   36. 120. Prosecutions for illegal practices.

   37. 121. Conviction of illegal practice on charge of corrupt practice etc.

   38. 122. Incapacities on conviction of corrupt or illegal practices.

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

   40. 124. Incapacities on conviction of corrupt or illegal practice at European Parliamentary elections.

   41. 125. Mitigation and remission etc.

   42. 126. Illegal payments etc.

   43. 127. Time limit for prosecutions.

   44. 128. Prosecution of offences committed outside the United Kingdom.

   45. 129. Offences by associations.

   46. 130. Evidence by certificate of holding of Assembly elections.

   47. 131. Evidence by certificate of electoral registration.

   48. 132. Director of Public Prosecutions.

   49. 133. Rules of procedure.

   50. 134. Costs.

   51. 135. Service of notices.

   52. 136. Interpretation of Part IV.

   53. 137. Computation of time for the purposes of Part IV.

6. PART V MISCELLANEOUS AND SUPPLEMENTAL

   1. 138. Advertisements.

   2. 139. Assembly constituencies not wholly within a county or county borough.

   3. 140. Forms: absent voting.

   4. 141. Forms: general.

   5. 142. Public notices and declarations.

   6. 143. Sending of applications and notices.

   7. 144. Publication of documents.

   8. 145. Interference with notices etc.

   9. 146. Premises used for election purposes.

7. Signature

8. SCHEDULES

   1. 1.

      Electors lists and registers: miscellaneous and related provision.

   2. 2.

      Absent voting at Assembly elections.

   3. 3.

      Issue and receipt of postal ballot papers.

   4. 4.

      Combination of polls.

   5. 5.

      Conduct of Assembly elections and return of Assembly members.

   6. 6.

      Control of donations to candidates.

   7. 7.

      Returns and declarations as to election expenses.

   8. 8.

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

   9. 9.

      Modification of Election Petition Rules 1960.

9. Explanatory Note