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

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Constituency and individual candidates: inspection of returns and declarations

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62.  (1)  Where the appropriate returning officer receives any return or declaration under article 46, 52, 53 or 54 he shall—

(a)as soon as reasonably practicable after receiving the return or declaration make a copy of it, and any accompanying documents, available for public inspection at his office, or some other convenient place chosen by him, for a period of two years beginning with the date when the return is received by him; and

(b)if requested to do so by any person, and on payment of the fee specified in paragraph (4), supply that person with a copy of the return or declaration and any accompanying documents.

(2) If any such return contains a statement of donations in accordance with paragraph 10 of Schedule 6, the appropriate officer shall secure that the copy of the statement made available for public inspection under sub-paragraph (1)(a) or (as the case may be) supplied under sub-paragraph (1)(b) does not include, in the case of any donation by an individual, the donor’s address.

(3) The fee for inspecting a copy of a return or declaration (including any accompanying documents) referred to in sub-paragraph (1)(a) shall be £1.50.

(4) The fee payable for a copy of any such return, declaration or document referred to in sub-paragraph (1)(b) shall be at the rate of 15p for each side of each page.

(5) After the expiry of those two years the appropriate returning officer—

(a)may cause those returns and declarations (including the accompanying documents) to be destroyed; or

(b)if the candidate or where appropriate, his election agent so requires, shall return them to the candidate.

(6) Any returns or declarations delivered under article 46 shall be returned not to a candidate (if he or his election agent so requires) but to the person delivering them if he so requires.

(7) The Assembly may by order vary the amount of any fee payable under paragraph (3) or (4)(1).

(8) The power to make orders under paragraph (7) shall be exercisable by statutory instrument and for the purpose of section 1 of the Statutory Instruments Act 1946(2) this provision shall have effect as if contained in an Act of Parliament.

(1)

see footnote to the definition of “the Assembly” in article 2 as to the vesting in Welsh Ministers of the function of “the Assembly” under article 62(7). The order making power of the Welsh Ministers will be subject to a draft of the Order being laid before and approved by resolution of the National Assembly for Wales constituted by the Government of Wales Act 2006: see paragraph 34 of Schedule 11 to the Government of Wales Act 2006 having regard to the corresponding power of the Secretary of State under section 89(1) of the Representation of the People Act 1983 (as substituted by paragraph 10 of Schedule 18 to the Political Parties, Elections and Referendums Act 2000) and the procedures applying to that power of the Secretary of State under section 201 (regulations) of that Act of 1983 and having regard to the meaning of “prescribed” as defined in section 202(1) of that Act of 1983. Section 202 was amended by paragraph 69 of Schedule 4 to the Representation of the People Act 1985, article 5(b) of S.I. 1991/1728, paragraph 21 of Schedule 1 to the Representation of the People Act 2000, paragraphs 6(7) and 22 of Schedule 21 to the Political Parties, Elections and Referendums Act 2000 (but in relation to paragraph 6(7)(b) of Schedule 21 subject to paragraph 7 of Part 2 to Schedule 1 to S.I. 2001/222).

(2)

see footnote to article 16(6).

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