The National Assembly for Wales (Representation of the People) Order 2007

Report as to candidate guilty of a corrupt or illegal practice

108.—(1) Other than where the petition relates to a vacancy return, the report of an election court under article 99 shall state whether any corrupt or illegal practice has or has not been proved to have been committed by or with the knowledge and consent of any candidate at the Assembly election, and the nature of the corrupt or illegal practice.

(2) For the purposes of articles 109 and 110—

(a) if it is reported that a corrupt practice other than treating or undue influence was committed with the knowledge and consent of a candidate, he shall be treated as having been reported personally guilty of that corrupt practice; and

(b) if it is reported that an illegal practice was committed with the knowledge and consent of a candidate, he shall be treated as having been reported personally guilty of that illegal practice.

(3) The report shall also state whether any of the candidates has at that Assembly election been guilty by his agents of any corrupt or illegal practice in relation to the election; but if a candidate is reported guilty by his agents of treating, undue influence or any illegal practice, and the court further reports that the candidate has proved to the court—

(a) that no corrupt or illegal practice was committed at the election by the candidate or his election agent and the offences mentioned in the report were committed contrary to the orders and without the sanction or connivance of the candidate or his election agent;

(b) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt and illegal practices at the election;

(c) that the offences mentioned in the report were of a trivial, unimportant and limited character; and

(d) that in all other respects the election was free from any corrupt or illegal practice on the part of the candidate and of his agents,

then the candidate shall not be treated for the purposes of article 109 as having been reported guilty by his agents of the offences mentioned in the report.

(4) References in this article to a candidate and his agent, or as the case may be, his election agent shall as appropriate apply to a party list candidate and the agent or, as the case may be, the election agent of the registered political party in relation to the list submitted by that party and on which that party list candidate is included.