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

Explanatory Note

(This note is not part of the Order)

This Order makes provision for the conduct of elections and the return of members to the National Assembly for Wales as constituted under the Government of Wales Act 2006, and other related matters. It replaces The National Assembly for Wales (Representation of the People) Order 2003 as amended by The National Assembly for Wales (Representation of the People) (Amendment) Order 2006, which are both revoked.

The first Order relating to the conduct of Assembly elections was made in 1999, and many of the provisions are reproduced in this order. It also reflects changes made by the Electoral Administration Act 2006.

The principal changes made by this Order are:

1.  —as a result of the Electoral Administration Act 2006—

(1) The requirement for personal identifiers (signature and date of birth) to be provided by applicants for an absent vote (article 8 and Schedule 1).

(2) Transitional provisions for existing absent voters requiring them to provide personal identifiers and in default to lose the right to exercise an absent vote (Schedule 2).

(3) The maintenance of a personal identifiers record by requiring fresh signatures every five years (paragraphs 2 and 12 of schedule 1).

(4) The creation of new absent voters lists for postal, proxy and postal proxy voters (articles 10 and 12) and a right to receive copies of those lists during an election (paragraph 13 of schedule 1).

(5) The creation of a new offence of providing false information in connection with an application for an absent vote (article 14).

(6) Changes to the procedure for nominating candidates for election including the introduction of new means to pay the deposit on nomination enabling credit or debit cards to be used (rule 10 of Schedule 5).

(7) Changes to the rules on the conduct of Assembly elections including giving the Electoral Commission a power to prescribe the information to be included on candidates' election expenses returns (article 52); dealing with the death of a candidate at an Assembly constituency election (rules 70- to 73 of Schedule 5) and giving a power for returning officers to correct procedural errors made by themselves or others in the conduct of an election (article 21).

2.  —as a result of the Government of Wales Act 2006—

(1) Changes to the rules on candidates giving consent to nomination to reflect the new provision preventing a candidate standing at an Assembly constituency election from also standing at an Assembly regional election at the same time (rule 9 of Schedule 5);

(2) Changes reflecting generally the abolition, following the Assembly general election in May 2007, of the Assembly constituted by The Government of Wales Act 1998 and the establishment of the Assembly constituted by the Government of Wales Act 2006, the National Assembly Commission (see section 27 of that Act of 2006) and the Welsh Ministers (article 2(1), the definition of “the Assembly”).

3.  In addition the creation of a consistent scheme for incapacities for corrupt and illegal practices (articles 110 and 123);

• Part 1 of the Order makes general provision including definitions of terms;

• Part 2 makes provision for voting at an Assembly election, including absent votes and the duties of returning officers;

• Part 3 makes rules for the election campaign in relation to both constituencies and electoral regions and creates offences in connection to that campaign;

• Part 4 makes provision for the conduct of legal proceedings arising from the election campaign and the penalties for the commission of offences;

• Part 5 – Miscellaneous and supplemental;

• Schedule 1 makes detailed provision for applications for absent voting and the maintenance of records in connection with such applications;

• Schedule 2 makes transitional provisions in relation to existing absent voters;

• Schedule 3 makes provision for the form of postal voting statements and the issue and receipt of postal ballot papers;

• Schedule 4 deals with the combination of polls and modifies Schedule 5, the Principal Area election rules and the community election rules as appropriate where the election to the Assembly is combined with local government elections;

• Schedule 5 contains the rules for the conduct of Assembly elections and the return of Assembly members;

• Schedule 6 makes provision controlling donations to constituency candidates and individual candidates in electoral regions. Registered political parties and the candidates on the lists they submit for Assembly regional elections will continue to be regulated under separate provision in the Political Parties, Elections and Referendums Act 2000 which is not affected by this Order.

• Schedule 7 makes provision in connection with election expenses;

• Schedule 8 makes provision for the use of rooms in school premises and meeting rooms in connection with Assembly election meetings;

• Schedule 9 modifies the Election Petition Rules 1960; and

• Schedule 10 contains an appendix of forms prescribed for use under this Order.