The Parliamentary Elections and Recall Petition (Welsh Forms) (Amendment) Order 2023

PART 1 E+W Provisions related to parliamentary elections

Interpretation of Part 1 E+W

1.  In this Part—

“2007 Order” means the Parliamentary Elections (Welsh Forms) Order 2007;

“ongoing parliamentary election” means a relevant parliamentary election for which the date of poll as stated in the notice of election is on or after 31st January 2024;

“relevant parliamentary election” means a parliamentary election for which the notice of election is published in accordance with rule 5 of Schedule 1 to the Representation of the People Act 1983(1) on or before 30th January 2024.

Commencement Information

I1 Sch. 1 para. 1 in force at 31.10.2023, see art. 1(2)

Questions for proxies at certain parliamentary elections E+W

2.—(1) The amendments made by article 2(3) do not apply in respect of an ongoing parliamentary election.

(2) In respect of a relevant parliamentary election, Schedule 2 to the 2007 Order applies as if for form 2 (Welsh form of questions set out in the table in rule 35 of Schedule 1 to the Representation of the People Act 1983) there were substituted the form set out in Part 2 of this Schedule.

Commencement Information

I2 Sch. 1 para. 2(1) in force at 31.1.2024, see art. 1(3)(c)

I3 Sch. 1 para. 2(2) in force at 31.10.2023, see art. 1(2)

Poll card forms for certain parliamentary elections E+W

3.—(1) The amendments made by article 2(4), so far as that article substitutes forms 5 and 7, do not apply in respect of an ongoing parliamentary election.

(2) In respect of a relevant parliamentary election—

(a) form 5 (official poll card) and form 7 (official proxy poll card) in Schedule 2 to the 2007 Order apply as if, on the front of the form—

(i) before the text in English that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”;

(ii) before the text in Welsh that begins “i bleidleisio fel dirprwy yn yr etholiad” there were inserted “(yn achos dirprwy a benodwyd cyn 31 Hydref 2023)”;

(b) form 6 (official postal poll card) and form 8 (official proxy postal poll card) in Schedule 2 to the 2007 Order apply as if, on the back of the form—

(i) before the text in English that begins “vote as a proxy at this election” there were inserted “(in the case of a proxy appointed before 31st October 2023)”;

(ii) before the text in Welsh that begins “i bleidleisio fel dirprwy yn yr etholiad” there were inserted “(yn achos dirprwy a benodwyd cyn 31 Hydref 2023)”.

[F1 (3) Sub-paragraph (4) applies in respect of a parliamentary election for which—

(a) the notice of election is published in accordance with rule 5 of Schedule 1 to the Representation of the People Act 1983 on or after 31st January 2024, and

(b) the date of poll stated in that notice is on or before 1st May 2024.

(4) Form 6 (official postal poll card) and Form 8 (official proxy postal poll card) in Schedule 2 to the 2007 Order apply as if, on the back of the form—

(a) for the text in English which begins with “vote as a proxy at this election” and ends with “grandchild” there were substituted—

“(in the case of a proxy appointed on or after 31st October 2023), vote as a proxy on behalf of more than four electors, of which no more than two may be on behalf of other domestic electors (a domestic elector is one who is not an overseas or service elector)”;

(b) for the text in Welsh which begins with “i bleidleisio fel dirprwy” and ends with “neu wyres” there were substituted—

“(Yn achos dirprwy a benodwyd ar neu ar ôl 31 Hydref 2023), pleidleisio fel dirprwy ar ran mwy na phedwar etholwr, na all mwy na day ohonynt fod ar ran etholwyr domestig eraill (etholwr domestig yw un and yw’n etholwr dramor nac yn etholwr sy’n gwasanaethu yn y lluoedd arfog)”.]

Textual Amendments

F1 Sch. 1 para. 3(3)(4) inserted (30.1.2024) by The Parliamentary Elections and Recall Petition (Welsh Forms) (Amendment) Order 2024 (S.I. 2024/95), arts. 1(1), 2(2)

Commencement Information

I4 Sch. 1 para. 3(1) in force at 31.1.2024, see art. 1(3)(c)

I5 Sch. 1 para. 3(2) in force at 31.10.2023, see art. 1(2)

Proxy paper form for certain proxy appointments E+W

4.—(1) This paragraph applies where a proxy appointment is made during the period—

(a) beginning with 31st October 2023, and

(b) ending with 5th March 2024.

(2) Form 11 (proxy paper) in Schedule 2 to the 2007 Order, as substituted by article 2(4), applies as if, on the second page, in note 1—

(a) before “on behalf of more than four electors” there were inserted “(in relation to an election or referendum for which the poll is on or after 5th March 2024)”;

(b) before “ar ran mwy na phedwar etholwr” there were inserted “(mewn perthynas ag etholiad neu refferendwm y mae’r dyddiad pleidleisio ar ei gyfer ar neu ar ôl 5 Mawrth 2024)”.

(3) In this paragraph, “proxy appointment” has the same meaning as in paragraph 8(8) of Schedule 4 to the Elections Act 2022(2).

Commencement Information

I6 Sch. 1 para. 4 in force at 31.10.2023, see art. 1(2)

(1)

Rule 5 was amended by Part 1 of Schedule 2 and paragraph 74 of Schedule 4 to the Representation of the People Act 1985 (c. 50), by paragraph 10 of Schedule 6 to the Representation of the People Act 2000 (c. 2) and by section 19(3) of the Electoral Administration Act 2006 (c. 22).

(2)

2022 c. 37.