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

1. Introductory Text

2. PART 1 General

   1. 1. Citation, commencement and revocation

   2. 2. Interpretation

3. PART 2 Assembly franchise and its exercise

   1. 3. Voting at Assembly elections

   2. 4. Registers of electors etc

   3. 5. Registration appeals

   4. 6. Polling districts and places at Assembly elections

   5. 7. Manner of voting at Assembly elections

   6. 8. Absent vote at Assembly elections for a particular or an indefinite period

   7. 9. Absent vote at a particular Assembly election

   8. 10. Absent voters lists at Assembly elections

   9. 11. Proxies at Assembly elections

   10. 12. Voting as proxy at Assembly elections

   11. 13. Electors' signatures and use of personal identifier information

   12. 14. Offences

   13. 15. Absent voting at Assembly elections: miscellaneous

   14. 16. Combination of polls at Assembly and local government elections

   15. 16A. Combination of polls at Assembly and police and crime commissioner elections

   16. 17. Rules for Assembly elections

   17. 18. Returning officers

   18. 19. Officers of councils to be placed at disposal of returning officers

   19. 20. Returning officers: discharge of functions

   20. 21. Returning officers: correction of procedural errors

   21. 22. Returning officers: general

   22. 23. Payments by and to returning officer

   23. 23A. Inadequate performance of returning officer: reduction of charges

   24. 24. Detailed assessment of returning officer’s account

   25. 25. Loan of equipment for Assembly elections

   26. 26. Effect of registers

   27. 27. Effect of misdescription

   28. 28. Discharge of registration duties

   29. 29. Payment of expenses of registration

   30. 30. Personation

   31. 31. Other voting offences

   32. 32. Breach of official duty

   33. 33. Tampering with nomination papers, ballot papers etc

   34. 34. False statements in nomination papers etc

   35. 35. Requirement of secrecy

   36. 36. Prohibition on publication of exit polls

4. PART 3 The election campaign

   1. 37. Appointment of election agent

   2. 38. Nomination of sub-agent

   3. 39. Office of election agent and sub-agent

   4. 40. Effect of default in election agent’s appointment

   5. 41. Control of donations to constituency and individual candidates

   6. 42. Expenses of constituency candidate

   7. 43. Constituency and individual candidates: payment of expenses by or through election agent

   8. 44. Expenses which may be paid otherwise than by election agent

   9. 45. Expenses incurred otherwise than for election purposes

   10. 46. Constituency and individual candidates: prohibition of expenses not authorised by election agent etc

   11. 47. Constituency and individual candidates: limitation of election expenses

   12. 48. Power to vary provisions concerning election expenses

   13. 49. Time for sending in and paying claims

   14. 50. Disputed claims

   15. 51. Election agent’s claim

   16. 52. Constituency and individual candidates: return as to election expenses

   17. 53. Constituency and individual candidates: declaration as to election expenses

   18. 54. Party list candidates: declarations as to election expenses

   19. 55. Circumstances in which no return or declaration is required

   20. 56. Penalty for failure as respects return or declarations

   21. 57. Penalty for sitting or voting where no return and declarations are delivered etc

   22. 58. Authorised excuses for failures as to return and declarations

   23. 59. Court’s power to require information from election agent or sub-agent

   24. 60. Duty of appropriate returning officer to forward returns and declarations to the Commission

   25. 61. Publication of time and place of inspection of returns and declarations

   26. 62. Constituency and individual candidates: inspection of returns and declarations

   27. 63. Meaning of “election expenses”

   28. 64. Property, goods, services etc. provided free of charge or at a discount

   29. 65. Right to send election address post free

   30. 66. Broadcasting from outside United Kingdom

   31. 67. Broadcasting of local items during election period.

   32. 68. Imitation poll cards

   33. 69. Schools and rooms for Assembly election meetings

   34. 70. Disturbances at Assembly election meetings

   35. 71. Officials not to act for candidates

   36. 72. Illegal canvassing by police officers

   37. 73. False statements as to candidates

   38. 74. Corrupt withdrawal from candidature

   39. 75. Payments for exhibition of election notices

   40. 76. Printer’s name and address on election publications

   41. 77. Prohibition of paid canvassers

   42. 78. Providing money for illegal purposes

   43. 79. Bribery

   44. 80. Treating

   45. 81. Undue influence

   46. 82. Rights of creditors

   47. 83. Savings as to Assembly elections

   48. 84. Interpretation of Part 3

   49. 85. Computation of time for purposes of Part 3

5. PART 4 Legal proceedings

   1. 86. Method of questioning Assembly election

   2. 87. Presentation and service of Assembly election petition

   3. 88. Time for presentation or amendment of Assembly election petition

   4. 89. Constitution of election court and place of trial

   5. 90. Judges' expenses and reception

   6. 91. Attendance of shorthand writer

   7. 92. Security for costs

   8. 93. Petition at issue

   9. 94. List of petitions

   10. 95. Trial of petition

   11. 96. Witnesses

   12. 97. Duty to answer relevant questions

   13. 98. Expenses of witnesses

   14. 99. Conclusion of trial of Assembly election petition

   15. 100. Election court determination in respect of a constituency election etc

   16. 101. Regional election determined to be void by election court

   17. 102. Special case for determination of High Court

   18. 103. Withdrawal of petition

   19. 104. Costs of petition

   20. 105. Neglect or refusal to pay costs

   21. 106. Further provision as to costs

   22. 107. Appeals and jurisdiction

   23. 108. Report as to candidate guilty of a corrupt or illegal practice

   24. 109. Candidate reported guilty of corrupt or illegal practice

   25. 110. Persons reported personally guilty of corrupt or illegal practices

   26. 111. Persons reported personally guilty of corrupt or illegal practices at parliamentary elections or local government elections

   27. 112. Persons reported personally guilty of corrupt or illegal practices at European parliamentary elections

   28. 113. Justice of the peace

   29. 114. Members of legal and certain other professions

   30. 115. Holder of licence or certificate under Licensing Acts

   31. 116. Avoidance of election for general corruption etc

   32. 117. Avoidance of election for employing corrupt agent

   33. 118. Votes to be struck off for corrupt or illegal practices

   34. 119. Application for relief

   35. 120. Prosecutions for corrupt practices

   36. 121. Prosecutions for illegal practices

   37. 122. Conviction of illegal practice on charge of corrupt practice etc

   38. 123. Incapacities on conviction of corrupt or illegal practice

   39. 124. Incapacities on conviction of corrupt or illegal practice at parliamentary or local government elections

   40. 125. Incapacities on conviction of corrupt or illegal practice at European parliamentary elections

   41. 126. Mitigation and remission etc

   42. 127. Illegal payments etc

   43. 128. Time limit for prosecutions

   44. 129. Prosecution of offences committed outside the United Kingdom

   45. 130. Offences by associations

   46. 131. Evidence by certificate of holding of Assembly elections

   47. 132. Evidence by certificate of electoral registration

   48. 133. Director of Public Prosecutions

   49. 134. Rules of procedure

   50. 135. Costs

   51. 136. Service of notices

   52. 137. Interpretation of Part 4

   53. 138. Computation of time for purposes of Part 4

6. PART 5 Miscellaneous and supplemental

   1. 139. Advertisements

   2. 140. Assembly constituencies not wholly within a county or county borough

   3. 141. Translations etc. of certain documents

   4. 142. Forms: general

   5. 143. Public notices, and declarations

   6. 144. Sending of applications and notices; electronic signatures and related certificates

   7. 145. Publication of documents

   8. 146. Interference with notices etc

   9. 147. Premises used for election purposes

   10. 148. Dissolution of the Assembly

   11. 149. Saving and transitional provision as to incapacities in respect of Assembly elections

7. Signature

8. 1. SCHEDULE 1

      Absent voting at Assembly elections

      1. 1. General requirements for applications

      2. 2. The personal identifiers record

      3. 2A. Notification of rejected postal voting statement

      4. 3. Additional requirements for applications for appointment of a proxy

      5. 4. Additional requirements for applications on grounds of severe sight-impairment or other disability

      6. 5. Additional requirements for applications for a proxy vote based on occupation, service, employment or attendance on a course

      7. 6. Additional requirements for applications to vote by proxy in respect of a particular Assembly election

      8. 6A. Additional requirements for application for an emergency proxy vote in respect of a particular election

      9. 7. Closing dates for applications

      10. 8. Grant or refusal of applications

      11. 9. Notice of appeal

      12. 10. Cancellation of proxy appointment

      13. 11. Inquiries by registration officer

      14. 12. Requirement to provide fresh signatures at five yearly intervals

      15. 12A. Requirement to provide fresh signatures following rejection of postal voting statement

      16. 13. Records and lists kept under articles 8, 10 and 12

      17. 14. Conditions on the use, supply and inspection of absent voter records or lists

      18. 14A. Protection of information about persons aged under 16

      19. 15. Marked register for polling stations

      20. 16. Certificate of employment at an Assembly election

      21. 17. Notification by registration officer

   2. SCHEDULE 2

      Absent voting (transitional provisions)

      1. 1. Requiring personal identifiers from existing absent voters

      2. 2. Required information to be provided to existing absent voters

      3. 3. Additional steps and determination by registration officer

      4. 4. Removal from absent voting records

      5. 5. Pending applications

   3. SCHEDULE 3

      Issue and receipt of postal ballot papers

      1. 1. Interpretation

      2. Issue of postal ballot papers

         1. 2. Combination of polls

         2. 3. Form of postal voting statement

         3. 4. Regional elections

         4. 5. Persons entitled to be present at proceedings on issue of postal ballot papers.

         5. 6. Persons entitled to be present at proceedings on receipt of postal ballot papers

         6. 7. Notification of requirement of secrecy

         7. 8. Time when postal ballot papers are to be issued

         8. 9. Procedure on issue of postal ballot paper

         9. 10. Refusal to issue postal ballot papers

         10. 11. Envelopes

         11. 12. Sealing up of completed corresponding number lists and security of special lists

         12. 13. Delivery of postal ballot papers

         13. 14. Spoilt postal ballot paper

         14. 15. Lost postal ballot papers

         15. 15A. Cancellation of postal ballot papers

      3. Receipt of postal ballot papers

         1. 16. Notice of opening of postal ballot paper envelopes

         2. 17. Postal ballot boxes and receptacles

         3. 18. Receipt of covering envelope

         4. 19. Opening of postal voters' ballot box

         5. 20. Opening of covering envelopes

         6. 21. Confirming receipt of postal voting statements

         7. 22. Procedure in relation to postal voting statements

         8. 23. Procedure in relation to postal voting statements: personal identifier verification

         9. 24. Postal voting statements: additional personal identifier verification

         10. 25. Opening of ballot paper envelopes

         11. 26. Retrieval of cancelled postal ballot papers

         12. 27. Lists of rejected postal ballot papers

         13. 28. Checking of lists kept under paragraph 27

         14. 29. Sealing of receptacles

         15. 30. Abandoned poll

         16. 31. Forwarding of documents

   4. SCHEDULE 4

      Combination of polls : Assembly elections and local government elections

      1. PART 1 General

         1. 1. Returning officers and polling stations

         2. 2. Functions at combined polls

         3. 3. Modification of provisions about expenses in this Order and the 1983 Act

      2. PART 2 Modifications to Schedule 5 to apply where the poll at an Assembly election is taken together with a poll at a local government election under Article 16 (1) or (2)

         1. 4. Modifications to Schedule 5: general provision

         2. 5. Rule 28 of Schedule 5 (colour of ballot papers)

         3. 6. Rule 32 of Schedule 5 (notice of poll)

         4. 7. Rule 36 of Schedule 5 (issue of official poll cards)

         5. 8. Rule 37 of Schedule 5 (equipment of polling stations)

         6. 9. Rule 38 of Schedule 5 (appointment of polling and counting agents)

         7. 10. Rule 41 of Schedule 5 (admission to polling station)

         8. 11. Rule 44 of Schedule 5 (questions to be put to voters)

         9. 12. Rule 46 of Schedule 5 (voting procedure)

         10. 13. Rule 47 of Schedule 5 (votes marked by presiding officer)

         11. 14. Rule 48 of Schedule 5 (voting by persons with disabilities)

         12. 15. Rule 49 of Schedule 5 (tendered ballot papers)

         13. 16. Rule 51 of Schedule 5 (correction of errors on the day of poll)

         14. 17. Rule 52 of Schedule 5 (adjournment of poll in case of riot)

         15. 18. Rule 53 of Schedule 5 (procedure on close of poll)

         16. 19. Rule 54 of Schedule 5 (time of, and attendance at, counting of votes)

         17. 20. Rule 55 of Schedule 5 (the count)

         18. 21. Rule 67 of Schedule 5 (delivery of documents to relevant registration officer)

         19. 22. Rule 70 of Schedule 5 (constituency election: death of independent candidate)

         20. 23. Rule 73 of Schedule 5 (constituency election: death of party candidate)

         21. 24. Rule 76 of Schedule 5 (abandoned poll)

         22. 25. Schedule 10 (appendix of forms)(form CP)

         23. 26. Schedule 10 (appendix of forms) (form CQ)

      3. PART 3 Application of the Local Elections (Principal Areas) (Wales) Rules 2021 where the poll at an election of councillors to a county or county borough council is taken together with the poll at a Senedd Cymru election under article 16(1) or (2)

         1. 27. The following provisions of the Local Elections (Principal Areas) (Wales)...

         2. 28. (1) Rule 3 (interpretation) is modified as follows.

         3. 29. In rule 5 (conduct of elections to the council of...

         4. 30. (1) Schedule 2 (Rules for conduct of an election of...

      4. PART 4 Application of the Local Elections (Communities) (Wales) Rules 2021 where the poll at an election of councillors to a community council is taken together with the poll at a Senedd Cymru election under article 16(1) or (2)

         1. 31. The following provisions of the Local Elections (Communities) (Wales) Rules...

         2. 32. (1) Rule 3 (interpretation) is modified as follows.

         3. 33. In rule 4 (conduct of elections to a community council),...

         4. 34. (1) Schedule 2 (Rules for conduct of an election of...

   5. SCHEDULE 4A

      Combination of polls: Assembly elections and police and crime commissioner elections

      1. 1. Application and modification of Schedule 4 to combined Assembly and police and crime commissioner elections

   6. SCHEDULE 5

      Assembly election rules

      1. PART 1 Provision as to time

         1. 1. Timetable

         2. 2. Computation of time

      2. PART 2 Stages common to contested and uncontested elections

         1. Notice of election

            1. 3. Notice of election: constituency election and regional election

         2. Nomination

            1. 4. Nomination of candidates at a constituency election

            2. 5. Constituency nomination paper: name or description of registered political party

            3. 6. Nomination of individual candidates at a regional election

            4. 7. Nomination of parties and party list candidates at a regional election

            5. 8. Party nomination paper: name or description of registered political party

            6. 9. Consent to nomination

            7. 10. Deposit

            8. 11. Place for delivery of nomination papers

            9. 12. Right to attend nomination

            10. 13. Decisions as to validity of individual and constituency nomination papers

            11. 14. Decisions as to validity of party nomination papers

            12. 15. Withdrawal of candidates

            13. 16. Constituency election: publication of statement of persons nominated

            14. 17. Regional election: publication of statement of parties and other persons nominated

            15. 18. Correction of minor errors

            16. 19. Disqualification by Representation of the People Act 1981

            17. 20. Adjournment of nomination proceedings in the case of riot

            18. 21. Method of election at a constituency election

            19. 22. Method of election at a regional election

      3. PART 3 Contested elections

         1. General provisions

            1. 23. Poll to be taken by ballot

            2. 24. The ballot paper at a constituency election

            3. 25. The ballot paper at a regional election

            4. 26. Polls with two ballot papers

            5. 27. Corresponding number list

            6. 28. Colour of ballot papers

            7. 29. The official mark

            8. 30. Prohibition of disclosure of vote

            9. 31. Use of schools and public rooms

         2. Action to be taken before the poll

            1. 32. Notice of poll

            2. 33. Postal ballot papers

            3. 34. Provision of polling stations

            4. 35. Appointment of presiding officers and clerks

            5. 36. Issue of official poll cards

            6. 37. Equipment of polling stations

            7. 38. Appointment of polling and counting agents

            8. 39. Notification of requirement of secrecy

            9. 40. Return of postal ballot papers

         3. The poll

            1. 41. Admission to polling station

            2. 42. Keeping of order in the polling station

            3. 43. Sealing of ballot boxes

            4. 44. Questions to be put to voters

            5. 45. Challenge of voter

            6. 46. Voting procedure

            7. 47. Votes marked by presiding officer

            8. 48. Voting by persons with disabilities

            9. 49. Tendered ballot papers

            10. 50. Spoilt ballot papers

            11. 51. Correction of errors on the day of poll

            12. 52. Adjournment of poll in case of riot

            13. 53. Procedure on close of poll

         4. Counting of votes

            1. 54. Time of, and attendance at, counting of votes

            2. 55. The count

            3. 56. Re-count at a constituency election

            4. 57. Re-count of electoral region votes in an Assembly constituency

            5. 58. Rejected ballot papers

            6. 59. Decisions on ballot papers

            7. 60. Equality of votes at a constituency election

            8. 61. Regional election: conveying results of count etc. to regional returning officer

      4. PART 4 Final proceedings in contested and uncontested elections

         1. 62. Declaration of result at a constituency election

         2. 63. Ascertainment of results at a contested regional election

         3. 64. Declaration of results at a regional election

         4. 65. Return or forfeiture of deposit

      5. PART 5 Disposal of documents

         1. 66. Sealing up of ballot papers

         2. 67. Delivery of documents to relevant registration officer

         3. 68. Order for production of documents

         4. 69. Retention and public inspection of documents

      6. PART 6 Death of candidate

         1. 70. Constituency election: death of independent candidate

         2. 71. Constituency election: deceased independent candidate wins

         3. 72. Constituency election: deceased independent candidate with equality of votes

         4. 73. Constituency election: death of party candidate

         5. 74. Regional election: effect of countermand or abandonment of constituency poll

         6. 75. Regional election: death of candidate

         7. 76. Abandoned poll

      7. PART 7 Miscellaneous

         1. 77. Vacancies: Assembly constituency seats

         2. 78. Vacancies: return of electoral region members

         3. 79. Return of Assembly members and record of returns etc

         4. 80. Registered political parties

         5. 81. Party’s registered nominating officer: discharge of functions

   7. SCHEDULE 6

      Control of donations to candidates

      1. PART 1 General

         1. 1. Interpretation

         2. 2. Donations: general rules

         3. 3. Sponsorship

         4. 4. Payments etc. not to be regarded as donations

         5. 5. Value of donations

      2. PART 2 Controls on donations

         1. 6. Prohibition on accepting donations from impermissible donors

         2. 7. Acceptance or return of donations

         3. 8. Transfer of donations received by candidate to election agent

         4. 9. Evasion of restrictions on donations

      3. PART 3 Reporting of donations

         1. 10. Statement of relevant donations

         2. 11. Donations from permissible donors

         3. 12. Donations from impermissible donors

   8. SCHEDULE 7

      Election expenses

      1. PART 1 List of matters

         1. 1. Advertising of any nature (whatever the medium used). Expenses in...

         2. 2. Unsolicited material addressed to electors (whether addressed to them by...

         3. 3. Transport (by any means) of persons to any place. Expenses...

         4. 4. Public meetings (of any kind). Expenses in respect of such...

         5. 5. The services of an election agent or any other person...

         6. 6. Accommodation and administrative costs.

      2. PART 2 General exclusions

         1. 7. The payment of any deposit required by rule 10 of...

         2. 8. The publication of any matter, other than an advertisement, relating...

         3. 9. The provision of any facilities provided in pursuance of any...

         4. 10. The provision by an individual of his own services which...

         5. 11. (1) Accommodation which is the candidate’s sole or main residence....

         6. 12. (1) Transport by a means of transport which was acquired...

         7. 13. (1) Computing or printing equipment which was acquired by the...

         8. 13A. (1) Any matter that is reasonably attributable to the candidate’s...

         9. 13B. Expenses incurred in respect of, or in consequence of, the...

      3. PART 3 Supplemental

         1. 14. Guidance by the Commission

   9. SCHEDULE 8

      Use for Assembly election meetings of rooms in school premises and of meeting rooms

      1. 1. Use of rooms in school premises

      2. 2. Lists of rooms in school premises

      3. 3. Lists of meeting rooms

      4. 4. Lists to be kept by registration officer etc

      5. 5. Inspection etc. of lists

   10. SCHEDULE 9

       Modification of Election Petition Rules 1960

       1. 1. Assembly election petition: modification of the Election Petition Rules 1960

       2. 2. Rule 2(2) of the 1960 Rules (definitions)

       3. 3. Rule 2(3) of the 1960 Rules (prescribed officer)

       4. 4. Rule 4(1) of the 1960 Rules (form of petition)

       5. 5. Rule 9(3) of the 1960 Rules (display etc. of notice of time and place of trial)

       6. 6. Rule 10(1) of the 1960 Rules (identifying votes at issue)

       7. 7. References to “election” in the 1960 Rules

       8. 8. Form of election petition in the 1960 Rules

       9. 9. References to the 1983 Act

   11. SCHEDULE 10

       Appendix of forms

9. Explanatory Note