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

Registration appeals

5.—(1) Subject to giving notice of the appeal in accordance with paragraph 9(1) of Schedule 1, an appeal from any decision under this Order of the registration officer disallowing a person’s application to vote—

(a) by proxy or by post as elector; or

(b) by post as proxy,

lies to the county court in any case where the application is not made for a particular Assembly election only.

(2) No appeal lies from the decision of the Court of Appeal on appeal from a decision of the county court under this article.

(3) An appeal to the county court or Court of Appeal by virtue of this article or section 56 of the 1983 Act which is pending when notice of an Assembly election is given shall not prejudice the operation as respects the Assembly election of the decision appealed against, and anything done in pursuance of the decision shall be as good as if no such appeal had been brought and shall not be affected by the decision of the appeal.

(4) Notice shall be sent to the registration officer in the manner provided by rules of court of the decision of the county court or of the Court of Appeal on any appeal by virtue of this article, and the registration officer shall make such alterations in the—

(a) record kept under article 8(3); or

(b) record kept under article 12(6),

as may be required to give effect to the decision.

(5) Where, as a result of the decision on an appeal by virtue of this article or section 56 of the 1983 Act, an alteration in the register or record takes effect on or before the date of the poll, paragraph (3) shall not apply to that appeal as respects that Assembly election.

(6) The registration officer shall on an appeal brought under this article be deemed to be a party to the proceedings, and the registration expenses payable to a registration officer shall include any expenses properly incurred by him by virtue of this paragraph.

(7) CCR Order 45, rule 2 of the Civil Procedure Rules 1998(1) (appeal from decision of registration officer) shall have effect in relation to appeals under this article subject to the following modifications—

(a) in rule 2(1), “regulations made under section 53 of the said Act of 1983”; and

(b) in rule 2(4)(a), “to the regulations mentioned in paragraph (1)”,

shall be construed as including a reference to paragraph 9 of Schedule 1.

(1)

see Part 50 of and Schedule 2 to the Civil Procedure Rules (S.I. 1998/31320(L.17). There are amendments to those rules that are not relevant to this Order.