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

Consent to nomination

9.—(1) Subject to paragraph (3), at a constituency election a person shall not be validly nominated unless his consent to nomination—

(a) is given and dated in writing on, or within one month before, the day fixed as the last day for the delivery of constituency nomination papers;

(b) is attested by one witness; and

(c) is delivered at the place, and within the time, for the delivery of nomination papers.

(2) Subject to paragraph (3), at a regional election a person shall not be validly nominated (whether as an individual or party list candidate) unless his consent to nomination—

(a) is given and dated in writing on, or within one month before, the day fixed as the last day for the delivery of individual nomination papers or party nomination papers;

(b) is attested by one witness; and

(c) is delivered at the place or a place, and within the time, for the delivery of individual nomination papers or party nomination papers.

(3) If the appropriate returning officer is satisfied that owing to the absence of a person from the United Kingdom it has not been reasonably practicable for his consent in writing to be given as mentioned, a facsimile communication (or any similar means of communication) consenting to his nomination and purporting to have been sent by him shall be deemed for the purposes of this rule to be consent in writing by him on the day on which it purports to have been sent, and attestation of his consent shall not be required.

(4) Subject to paragraph (7), a candidate’s consent given under this rule—

(a) shall state the day, month and year of his birth;

(b) shall state an address within the relevant area that shall be deemed to be his office as an election agent for the purposes of article 40(7);

(c) shall state—

(i) that he is aware of the provisions of sections 12 to 15 of the 1998 Act (disqualification)(1) and of any Order in Council under section 12(1)(b) of that Act(2); and

(ii) that to the best of his knowledge and belief he is not disqualified for membership of the Assembly;

(d) shall, in the case of a candidate at a constituency election, state that he is not a candidate at an election for any other constituency, the poll for which is to be held on the same day as that for the election to which the consent relates or, in the case of an election to fill a casual vacancy, that he is not an Assembly member;

(e) shall, in the case of an individual candidate at a regional election, state that he is not—

(i) a party list candidate in the election for that region; nor

(ii) a candidate at a constituency election; nor

(iii) an individual or party list candidate at an election for any other region,

the poll for which is to be held on the same day as that for the election to which the consent relates; and

(f) shall, in the case of a party list candidate at a regional election, state that he is not—

(i) an individual candidate or a candidate on any other party list in the election for that region; nor

(ii) a candidate at a constituency election; nor

(iii) an individual or party list candidate at an election for any other region,

the poll for which is to be held on the same day as that for the election to which the consent relates(3).

(5) A candidate is required to give his consent under this rule notwithstanding that he has subscribed the nomination paper by virtue of which he is nominated.

(6) For the purposes of paragraph (4)(b), “the relevant area” shall be construed in accordance with—

(a) in relation to a constituency election, article 39(2)(a); and

(b) in relation to a regional election, article 39(2)(b).

(7) In respect of an Assembly election after the 2007 Assembly general election, rule 4(c)(i) shall have effect as if—

(a) the references to sections 12 to 15 of the 1998 Act were a reference to sections 16 to 19 of the 2006 Act; and

(b) the reference to any Order in Council under section 12(1)(b) of the 1998 Act included a reference to any Order in Council under section 16(1)(b) of the 2006 Act.

(1)

Section 12 is amended by paragraph 62(a) and (b) of Schedule 6 to the Public Services Ombudsman (Wales) Act 2005, ; and section 13 is amended by paragraph 3 of Schedule 1 to the House of Commons (Removal of Clergy) Disqualification Act 2001, and also by paragraph 63 of Schedule 6 of the said Act of 2005.Sections 12 to 15 are repealed by Schedule 12 to the Government of Wales Act 2006 (see section 161(2) of that Act to the commencement of that repeal).

(2)

see the National Assembly for Wales (Disqualification ) Order 2006 (S.I 2006/3335) which was made on 14 December 2006 and revoked the National Assembly for Wales (Disqualification ) Order 2003. Paragraph 10 of Schedule 11 to the Government of Wales Act 1998 makes transitional provision in relation to disqualification orders.

(3)

As to rule 9(4)(d) to (f), see in relation to the 2007 Assembly general election sections 4(7), 5(5), (6) and 8(7) of the Government of Wales Act 1998 (section 5(5) and (6) is amended by paragraph 5 of Schedule 11 to the Government of Wales Act 2006); and thereafter see sections 7(1), (5), (6) and 10(9) of that Act of 2006.