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

Decisions as to validity of individual and constituency nomination papers

13.—(1) A candidate to whom this rule applies shall be deemed to stand nominated where the nomination paper by which he is nominated and his consent to nomination are delivered and a deposit is made in accordance with these rules; and such candidate shall be deemed to stand nominated unless and until—

(a) the appropriate returning officer decides that the nomination paper is invalid;

(b) proof is given to the appropriate returning officer’s satisfaction of the candidate’s death; or

(c) the candidate withdraws.

(2) The appropriate returning officer is entitled to hold a nomination paper invalid only on one of the following grounds—

(a) that the particulars of the candidate are not as required by law (including, at a constituency election, that a nomination paper breaches rule 5(1) or (3));

(b) that the paper is not subscribed as so required;

(c) that the candidate is disqualified by the Representation of the People Act 1981(1);

(d) in the case of an individual candidate at a regional election, that his candidature is in breach of section 5(6) of the 1998 Act(2); or

(e) in the case of a candidate at a constituency election, that his candidature is in breach of section 4(7) of the 1998 Act.

(3) Subject to paragraph (4), the appropriate returning officer shall give his decision on any objection to a nomination paper—

(a) as soon as practicable after it is made; and

(b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of constituency nomination papers set out in the Table in rule 1(1).

(4) If in the constituency returning officer’s opinion a constituency nomination paper breaches rule 5(1) or (3), he shall give a decision to that effect—

(a) as soon as practicable after the delivery of the nomination paper; and

(b) in any event, before the end of the period of 24 hours starting with the close of the period for delivery of nomination papers set out in the Table in rule 1(1).

(5) Where the appropriate returning officer decides that a nomination paper is invalid, he shall endorse and sign on the paper the fact and the reasons for his decision.

(6) The appropriate returning officer’s decision that a nomination paper is valid shall be final and shall not be questioned in any proceedings whatsoever.

(7) Subject to paragraph (6), nothing in this rule prevents the validity of a nomination being questioned on an Assembly election petition.

(8) In respect of an Assembly election held after the 2007 Assembly general election, paragraph (2) shall have effect as if—

(a) in sub-paragraph (d) the reference to section 5(6) of the 1998 Act were a reference to section 7(6) of the 2006 Act; and

(b) in sub-paragraph (e) the reference to section 4(7) of the 1998 Act were a reference to section 7(1), or as the case may be, section 10(9) of the 2006 Act.

(9) This rule applies to a constituency candidate and an individual candidate.

(1)

1981 c. 34.That Act of 1981 is applied to membership of the National Assembly for Wales constituted by the Government of Wales Act 1998 by virtue of section 12(2) of the Government of Wales Act 1998 and to membership of the National Assembly for Wales constituted by the Government of Wales Act 2006 by virtue of section 16(2) of that Act of 2006.

(2)

Section 5(6) of the Government of Wales Act 1998 is amended by paragraph 5(3) of Schedule 11 to the Government of Wales Act 2006.