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2002 No. 834

CONSTITUTIONAL LAW

DEVOLUTION, WALES

REPRESENTATION OF THE PEOPLE

The National Assembly for Wales (Representation of the People) (Amendment) Order 2002

  Made 25th March 2002 
  Coming into force in accordance with article 1

Whereas a draft of this Order has been laid before, and approved by a resolution of, each House of Parliament;

     Now therefore, the Secretary of State, in exercise of the powers conferred upon him by section 11 of the Government of Wales Act 1998[1], and of all other powers enabling him in that behalf, and having in accordance with section 8(2) and (3)(b) of the Political Parties, Elections and Referendums Act 2000[2] considered it expedient in consequence of changes in the value of money to make provision relating to the matters mentioned in subsection (2)(c) of the said section 11[3], and after consulting the Electoral Commission[4] hereby makes the following Order:

Citation and commencement
     1. This Order may be cited as the National Assembly for Wales (Representation of the People) (Amendment) Order 2002 and shall come into force on the day after the day on which it is made, but it shall not apply for the purposes of any election where the last day for the publication of the notice of election in respect of that election precedes that later date.

Interpretation
    
2. In this Order, "the principal Order" means the National Assembly for Wales (Representation of the People) Order 1999[5].

Amendment of the principal Order
     3. The principal Order shall be amended in accordance with the following provisions of this Order.

Article 2 (Interpretation)
    
4.  - (1) Article 2 of the principal Order shall be amended as follows.

    (2) In paragraph (1) - 

Article 4 (Register of electors etc.)
     5. In article 4(1) of the principal Order, for "section 11(1) or (2)" there shall be substituted "section 13A"[10], and for "correction" there shall be substituted "alteration".

Article 7 (Manner of voting at Assembly elections)
     6. In article 7 of the principal Order, after paragraph (6) there shall be inserted - 

Article 8 (Absent vote etc.)
    
7.  - (1) Article 8 of the principal Order shall be amended as follows.

    (2) In the heading, after "for" add "a particular or".

    (3) In paragraph (1) - 

    (4) In paragraph (2) - 

    (5) Omit paragraph (3).

    (6) In paragraph (4), at the end add "showing whether their applications were to vote by post or proxy for an indefinite or a particular period (specifying that period)."

    (7) In paragraph (6) - 

    (8) Omit paragraph (7) and substitute - 

Article 9 (Absent vote at a particular Assembly election)
    
8.  - (1) Article 9 of the principal Order shall be amended as follows.

    (2) In paragraph (1)(a), after "satisfied" insert "in the case of an application to vote by proxy,".

    (3) For paragraph (3) substitute - 

Article 11 (Proxies at Assembly elections)
    
9.  - (1) Article 11 of the principal Order shall be amended as follows.

    (2) In paragraph (6), for the words "for an indefinite period" substitute "(whether for an indefinite period or for a particular period specified in his application)".

    (3) In paragraph (9), at the end, add ", and where the appointment was for a particular period, the appointment shall cease to be in force once that period expires.".

Article 12 (Voting as proxy at Assembly elections)
    
10.  - (1) Article 12 of the principal Order shall be amended as follows.

    (2) For paragraph (4) substitute - 

    (3) Omit paragraphs (5), (7) and (10).

    (4) For paragraph (6) substitute - 

    (5) In paragraph (9) - 

    (6) In paragraph (11), for sub-paragraph (b), substitute - 

Article 23 (Effect of registers)
    
11.  - (1) Article 23 of the principal Order shall be amended as follows.

    (2) Omit paragraph (1).

    (3) In paragraph (2) for "or is" substitute "nor".

    (4) In paragraph (4) for "qualifying date", wherever occurring, substitute "relevant date".

    (5) After paragraph (4) insert - 

Article 25 (Discharge of registration duties)
     12. In article 25(1) of the principal Order, after "Secretary of State" there shall be inserted ", in accordance with, and on the recommendation of, the Electoral Commission,".

Voters with disabilities
    
13. In article 31(5) of the principal Order, for "blind voter" there shall be substituted "voter with disabilities".

References to documents used in legal proceedings
    
14.  - (1) In article 2(1) of the principal Order, after the definition of "1egal incapacity" there shall be inserted - 

    (2) In article 34 of the principal Order - 

    (3) In article 60(3) of the principal Order, for "the writ or other process" (in both places) and "a writ or other process" there shall be substituted "legal process".

    (4) In article 93(6) of the principal Order, for the words "as nearly" to "such other" there shall be substituted "in such".

    (5) In article 98(2) of the principal Order, for "on summons directs" there shall be substituted "directs on an application made by the petitioner,".

    (6) In article 147(1) of the principal Order, for "summons, notice or" there shall be substituted "notice, legal process or other".

Article 36 (making of contracts through election agent)
    
15. Article 36 of the principal Order shall be omitted.

Election Expenses
    
16.  - (1) The provisions of the principal Order insofar as they relate to the limitation of the election expenses of registered political parties (and the creation of criminal offences in connection with the limitation of such expenses) shall cease to have effect.

    (2) For article 37 of the principal Order there shall be substituted - 

    (3) Articles 39, 40, 43 to 45, 47 to 49, 55, 57 and 65 of the principal Order shall be omitted.

    (4) Articles 51, 52, 61 and 62 of the principal Order insofar as they relate to a registered political party or its registered nominating officer shall cease to have effect.

    (5) In article 46 of the principal Order - 

    (6) For article 50 of the principal Order there shall be substituted - 

    (7) In article 51 of the principal Order - 

    (8) Article 52(3) of the principal Order shall be omitted.

    (9) In articles 58 and 59 of the principal Order, for "articles 54 to 57" there shall be substituted "article 54 or 56".

    (10) Article 61(1)) of the principal Order shall be omitted.

Electoral Commission: returns
    
17. After article 62 of the principal Order there shall be inserted - 

Articles 69, 73 to 78 and 80 (Use of Schools, Transports and False Statements as to Candidates)
    
18.  - (1) In article 69(7) of the principal Order, for "private dwellinghouse" there shall be substituted "private dwelling".

    (2) Articles 73 to 77, 78(6) and 80 of the principal Order shall be omitted.

Article 90 (Interpretation of Part III of the principal Order)
    
19. In article 90 of the principal Order - 

Legal Proceedings
    
20.  - (1) Part IV of the principal Order (Legal Proceedings) shall be amended as follows.

    (2) Omit article 94(8) of the principal Order.

    (3) For article 99 of the principal Order substitute - 

    (4) Omit articles 110 to 115 of the principal Order.

    (5) Omit article 119(5) of the principal Order.

    (6) Omit article 121(2) to (4) of the principal Order.

    (7) In article 122 of the principal Order - 

but this paragraph shall not apply in relation to any incapacities arising from a conviction or, as the case may be, a report by an election court where the conviction took place or the report was made before the date this Order comes into force.

    (8) In articles 123(2) and 124(3) of the principal Order for "five years" substitute "three years", but this paragraph shall not apply in relation to any incapacities arising from a conviction or, as the case may be, a report by an election court where the conviction took place or the report was made before the date this Order comes into force.

    (9) Omit article 131(4) of the principal Order.

    (10) Omit article 138(6) of the principal Order.

    (11) In article 139 of the principal Order, for the words "illegal payment, employment or hiring" wherever they occur substitute "illegal payment or employment".

    (12) After article 143 of the principal Order insert - 

    (13) In article 148 of the principal Order - 

Postal Services
    
21. In article 66 of the principal Order, for paragraph (5) there shall be substituted - 

Schedule 1 to the principal Order (Election Lists and Registers: Miscellaneous and Related Provision)
    
22.  - (1) Schedule 1 to the principal Order shall be amended in accordance with this article.

    (2) In the Arrangement of Paragraphs, under the sub-heading "Paragraph" - 

    (3) Omit paragraphs 1, 5 and 6.

    (4) In paragraph 2 - 

    (5) For paragraph 3 substitute - 

    (6) For paragraph 4 there shall be substituted - 

    (7) In paragraph 7 (interpretation) - 

Schedule 2 to the Principal Order (Absent voting at Assembly elections)
    
23.  - (1) Schedule 2 to the principal Order shall be amended in accordance with this article.

    (2) In the Arrangement of Paragraphs, under the sub-heading "Paragraph" - 

    (3) In paragraph 1 - 

    (4) Omit paragraph 2.

    (5) In paragraph 3(1) after "An application" insert "to vote by proxy for a particular or indefinite period".

    (6) In paragraph 4 - 

    (7) For paragraph 5 substitute - 

    (8) Omit paragraph 7.

    (9) In paragraph 8 - 

    (10) In paragraph 9 - 

    (11) In the Appendix of Forms - 

Schedule 3 (Issue and receipt of postal ballot papers)
    
24.  - (1) Schedule 3 to the principal Order shall be amended in accordance with this article.

    (2) In the Arrangement of Paragraphs, under the sub-heading "Paragraph" - 

    (3) In paragraph 1 - 

    (4) After paragraph 4 there shall be inserted - 

    (5) Paragraph 5 shall be amended as follows - 

    (6) For paragraph 7 there shall be substituted - 

    (7) For paragraph 11 there shall be substituted - 

    (8) Paragraph 12 shall be omitted.

    (9) For paragraph 13 there shall be substituted - 

    (10) Paragraph 14 shall be amended as follows - 

    (11) After paragraph 14 insert - 

    (12) Omit paragraph 15.

    (13) For paragraphs 16 to 21 substitute - 

    (14) In the Appendix of Forms - 

Schedule 4 to the principal Order (Combination of Polls)
    
25.  - (1) Schedule 4 to the principal Order shall be amended in accordance with this article.

    (2) In the Arrangement of Paragraphs - 

    (3) In paragraph 13, for "blind persons" (in the heading) and "blind voters" substitute "voters with disabilities".

Schedule 5 to the principal Order (Conduct of Assembly elections etc.)
    
26.  - (1) Schedule 5 to the principal Order shall be amended in accordance with this article.

    (2) In the Arrangement of Paragraphs - 

    (3) In paragraph 4 (nomination of candidates at a constituency election), for sub-paragraph (3) substitute - 

    (4) In paragraph 5 (nomination paper: name of registered political party) - 

    (5) In paragraph 6 (nomination of individual candidates at a regional election), for sub-paragraph (3) substitute - 

    (6) In paragraph 7 (nomination of party list candidates at a regional election), for sub-paragraph (2) substitute - 

    (7) In paragraph 8(1) (party nomination paper: name of registered political party), for "description" substitute "name".

    (8) In paragraph 16 (constituency election: publication of statement of persons nominated), after sub-paragraph (4) add - 

    (9) In paragraph 17 (regional election: publication of statement of persons nominated etc), after sub-paragraph (9) insert - 

    (10) In paragraph 34 (equipment of polling stations), after sub-paragraph (4) insert - 

    (11) In paragraph 35(7) (appointment of polling and counting agents) omit all the words before "any appointment".

    (12) In paragraph 36(a) (notification of requirement of secrecy), for "blind voter" substitute "voter with disabilities", and in paragraph 37(1)(e) (admission to polling station), for "blind voters" substitute "voters with disabilities".

    (13) In paragraph 44 (voting by blind persons) - 

    (14) In paragraphs 48(1)(j) and (2)(g) (procedure on close of poll), for "blind voters", wherever occurring, substitute "voters with disabilities".

    (15) In paragraph 50 (the count), for sub-paragraph (5) substitute - 

    (16) In paragraphs 62(1)(e) and (2)(c) (delivery of documents to the Assembly), for "blind voters" (whenever occurring) substitute "voters with disabilities".

    (17) In paragraph 69 for "the Registration of Political Parties Act 1998" substitute "Part II of the 2000 Political Parties Act".

    (18) In the Appendix of Forms, in the form entitled "Form of declaration to be made by the companion of a blind voter" - 

Schedule 6 to the principal Order (returns and declarations as to election expenses)
     27. In Schedule 6 to the principal Order the following forms shall be omitted - 


Paul Murphy
Secretary of State for Wales

25th March 2002



EXPLANATORY NOTE

(This note is not part of the Order)


This Order amends the National Assembly for Wales (Representation of the People) Order 1999 ("the 1999 Order"). The amendments are needed as a consequence of changes made by the Representation of the People Act 2000, the Political Parties, Elections and Referendums Act 2000 and the Representation of the People (England and Wales) Regulations 2001.

Among the changes made to the 1999 Order are those resulting from the introduction by the Representation of the People Act 2000 of a new system of "rolling registration". Under this system the register of local government electors continues in force indefinitely (although revised versions of it will be produced at least once a year). This contrasts with the previous system under which the Register remained in force for one year and was compiled by reference to residence on a qualifying date.

As eligibility to vote at elections for membership of the National Assembly for Wales depends on registration in the register of local government electors, amendment of the 1999 Order is necessary to reflect, and take account of, the changes made by the recent primary and subordinate legislation.

The main changes made to the 1999 Order concern - 

The changes made by this Order are intended to align the registration and voting procedures at elections for membership of the National Assembly for Wales with election for membership of the House of Commons and at local government elections.


Notes:

[1] 1998 c. 38; section 11 was amended by Schedule 21, paragraph 12(3) and Schedule 22 to the Political Parties, Elections and Referendums Act 2000 (c. 41).back

[2] 2000 c. 41.back

[3] The matters mentioned in section 11(2)(c) of the 1998 Act are the limitation of the election expenses of candidates (and the creation of criminal offences in connection with the limitation of such expenses).back

[4] As required by section 7 of the Political Parties Elections and Referendums Act 2000 (c. 41).back

[5] S.I. 1999/450, as amended by S.I. 2001/1149.back

[6] 1983 c. 2; section 15 was amended by the 2000 Act, Schedule 1, paragraph 8, and by Schedule 7.back

[7] 2000 c. 2.back

[8] S.I. 2001/341, amended by S.I. 2001/700.back

[9] Another amendment to article 2(1) of the principal Order is made by article 14.back

[10] Section 13A of the 1983 Act was inserted by the 2000 Act, Schedule 1, paragraph 6.back

[11] Section 13 was substituted by paragraph 6 of Schedule 1 to the Representation of the People Act 2000.back

[12] Section 4 was substituted by section 1(2) of the Representation of the People Act 2000.back

[13] Section 7B was inserted by section 6 of the 2000 Act.back

[14] 1993 c. 38. The form of words "Annibynnol" was prescribed by article 2 of S.I. 2001/2914 (W.244) as the form of words which may be used as well as or in place of the word "Independent" at an election to the National Assembly for Wales.back



ISBN 0 11 039625 1


  Prepared 3 April 2002


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URL: http://www.bailii.org/uk/legis/num_reg/2002/20020834.html