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

PART 3 E+W Provisions related to recall petitions

Interpretation of Part 3 E+W

5.  In this Part—

“2022 Order” means the Recall Petition (Welsh Forms) Order 2022;

“ongoing recall petition” means a relevant recall petition for which at least part of the signing period is on or after 31st January 2024;

“recall petition” has the meaning given in section 1(2) of the Recall of MPs Act 2015;

“relevant recall petition” means a recall petition for which the Speaker’s notice is given in accordance with section 5(1) and (5)(a) of the Recall of MPs Act 2015 on or before 30th January 2024;

“signing period” has the meaning given in section 9(2) of the Recall of MPs Act 2015.

Commencement Information

I1 Sch. 1 para. 5 in force at 31.10.2023, see art. 1(2)

Official petition notice forms for certain recall petitions E+W

6.—(1) The amendments made by article 3, so far as they substitute forms D and F in Part 1 of the Schedule to the 2022 Order, do not apply in respect of an ongoing recall petition.

(2) Form D (official petition notice for an elector who may sign the petition in person) and form G (official petition notice for a proxy who may sign the petition by post) in Part 1 of the Schedule to the 2022 Order apply in respect of a relevant recall petition as if, on the fourth page of the form—

(a) in the text in English that begins “Sign the petition as a proxy for more than two people”, for “Sign” substitute “(In the case of a proxy appointed before 31st October 2023) sign”;

(b) in the text in Welsh that begins “Llofnodi’r ddeiseb fel dirprwy ar ran mwy na dau berson”, for “Llofnodi’r” substitute “(Ynachosdirprwy a benodwyd cyn 31 Hydref 2023) llofnodi’r”.

(3) Form E (official petition notice for an elector who may sign the petition by post) in Part 1 of the Schedule to the 2022 Order applies in respect of a relevant recall petition as if, on the final page of the form—

(a) in the text in English that begins “Sign the petition as a proxy for more than two people”, for “Sign” substitute “(In the case of a proxy appointed before 31st October 2023) sign”;

(b) in the text in Welsh that begins “Llofnodi’r ddeiseb fel dirprwy ar ran mwy na dau berson”, for “Llofnodi’r” substitute “(Ynachosdirprwy a benodwyd cyn 31 Hydref 2023) llofnodi’r”.

(4) Form F (official petition notice for a proxy who may sign the petition in person) in Part 1 of the Schedule to the 2022 Order applies in respect of a relevant recall petition as if, on the fifth page of the form—

(a) in the text in English that begins “Sign the petition as a proxy for more than two people”, for “Sign” substitute “(In the case of a proxy appointed before 31st October 2023) sign”;

(b) in the text in Welsh that begins “Llofnodi’r ddeiseb fel dirprwy ar ran mwy na dau berson”, for “Llofnodi’r” substitute “(Ynachosdirprwy a benodwyd cyn 31 Hydref 2023) llofnodi’r”.

[F1 (5) Sub-paragraphs (6) and (7) apply only in the case of a recall petition for which—

(a) the Speaker’s notice is given in accordance with section 5(1) of the Recall of MPs Act 2015 on or after 31st January 2024, and

(b) the date for the beginning of the signing period for that petition is on or before 1st May 2024.

(6) Form E (official petition notice for an elector who may sign the petition by post) in Part 1 of the Schedule to the 2022 Order applies as if, on the final page of the form—

(a) for the text in English that begins with “Sign the petition as a proxy for more than two people” and ends with “grandchild” there were substituted—

“(In the case of a proxy appointed on or after 31st October 2023), sign the petition as a proxy on behalf of more than four people, 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 that begins with “Llofnodi’r ddeiseb fel dirprwy ar ran mwy” and ends with “neu wyres iddynt” there were substituted—

“(Yn achos dirprwy a benodwyd ar neu ar ôl 31 Hydref 2023), llofnodwch y ddeiseb 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)”.

(7) Form G (official petition notice for a proxy who may sign the petition by post) in Part 1 of the Schedule to the 2022 Order applies as if, on the fourth page of the form—

(a) for the text in English that begins with “Sign the petition as a proxy for more than two people” and ends with “grandchild” there were substituted—

“(In the case of a proxy appointed on or after 31st October 2023), sign the petition as a proxy on behalf of more than four people, 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 that begins with “Llofnodi’r ddeiseb fel dirprwy ar ran mwy” and ends with “neu wyres iddynt” there were substituted—

“(Yn achos dirprwy a benodwyd ar neu ar ôl 31 Hydref 2023), llofnodwch y ddeiseb 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. 6(5)-(7) inserted (30.1.2024) by The Parliamentary Elections and Recall Petition (Welsh Forms) (Amendment) Order 2024 (S.I. 2024/95), arts. 1(1), 2(3)

Commencement Information

I2 Sch. 1 para. 6 in force at 31.10.2023, see art. 1(2)

Proxy paper form for certain proxy appointments E+W

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

(a) beginning with 31st October 2023, and

(b) ending with 25th March 2024.

(2) Form J (proxy paper) in Part 1 of the Schedule to the 2022 Order, as substituted by article 3, applies as if in note 1—

(a) before “on behalf of more than four electors” there were inserted “(in relation to a petition for which the end of the signing period is on or after 25th March 2024)”;

(b) before “ar ran mwy na phedward etholwr” there were inserted “(mewn perthynas â deiseb y mae diwedd y cyfnod llofnodi ar ei chyfer ar neu ar ôl 25 Mawrth 2024)”.

(3) In this paragraph, “proxy appointment” means an appointment resulting from an application under regulation 51(2) or (6) or 53(2), (3) or (4)(b) of the Recall of MPs Act 2015 (Recall Petition) Regulations 2016(1).

Commencement Information

I3 Sch. 1 para. 7 in force at 31.10.2023, see art. 1(2)

(1)

S.I. 2016/295, to which there are amendments not relevant to this Order.