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

Declaration of result at a constituency election

62.—(1) At a contested constituency election, when the result of the poll has been ascertained, the constituency returning officer shall forthwith—

(a) declare to be elected the candidate to whom the majority of votes has been given;

(b) return his name and, if a certificate has been received by the constituency returning officer issued by the registered nominating officer of one or more registered political parties under rule 5(1) or (3) in respect of the candidate, the name of the party or, as the case may be, parties to the Clerk in accordance with paragraph (4);

(c) give public notice of—

(i) his name and, if applicable, the name of any registered political party referred to in paragraph (1)(b); and

(ii) the total number of votes given for each candidate together with the number of rejected ballot papers under each head shown in the statement of rejected ballot papers under rule 58(5).

(2) At an uncontested constituency election, the statement of persons nominated, in addition to showing the person standing nominated, shall also declare that person elected, and the constituency returning officer shall forthwith return his name and, if a certificate has been received by the constituency returning officer issued by the registered nominating officer of one or more registered political parties under rule 5(1) or (3) in respect of the candidate, the name of the party or, as the case may be, parties to the Clerk in accordance with paragraph (4).

(3) Where paragraph (1) or (2) applies at an Assembly general election, the constituency returning officer shall forthwith also notify the regional returning officer for the Assembly electoral region in which the Assembly constituency is situated as to—

(a) the name of the candidate who has been returned; and

(b) if applicable, the name of the registered political party or parties referred to in paragraph (1)(b), or as the case may be, paragraph (2) and for which party or parties the candidate is, for the purposes of ascertaining the result at that regional election, returned as the Assembly member for that constituency.

(4) For the purposes of paragraph (1)(b) and (2), the constituency returning officer shall return those names required to be returned by—

(a) completing a certificate in form CR set out in English and Welsh in Schedule 10 declaring the candidate to be returned(1); and

(b) delivering it, or causing it to be delivered, to the Clerk.

(5) References to “the Clerk” in paragraphs (1), (2) and (4) and in rule 64 shall, in relation to the 2007 Assembly general election, include the Clerk to the Assembly constituted by the 1998 Act(2).

(6) In this rule and in rule 63, references to “ascertaining the result” shall in relation to a contested regional election, mean—

(a) calculating the electoral region figure of each individual candidate and of each registered political party standing nominated at that election; and

(b) allocating the seats to the electoral region members for that region(3),

and like terms shall be construed accordingly.

(1)

By virtue of section 14(6) of the Government of Wales Act 2006, the term of office of an Assembly member begins when the Assembly member is declared to be returned. Paragraph 9 of Schedule 11 to the Government of Wales Act 2006 contains transitional provision in respect of the 2007 Assembly general election.

(2)

As to the Clerk to the National Assembly for Wales constituted by the Government of Wales Act 1998, see the post with that title held by a member of staff of that Assembly as provided for in its standing orders.

(3)

As to the calculation of electoral region figures and allocation of seats for an Assembly electoral region, see sections 6 and 7 of the Government of Wales Act 1998 as amended by paragraph 6 of Schedule 11 to the Government of Wales Act 2006 in relation to the Assembly general election in 2007.