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

JurisdictionUK Non-devolved
CitationSI 2007/236
Year2007

2007 No. 236

CONSTITUTIONAL LAW

DEVOLUTION, WALES

REPRESENTATION OF THE PEOPLE

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

Made 31th January 2007

Coming into force in accordance with article 1(1)

This Order is made in exercise of the powers conferred by section 11 of the Government of Wales Act 19981.

In accordance with section 7(1) of the Political Parties, Elections and Referendums Act 20002the Secretary of State for Wales has taken into account the views of the Electoral Commission, and in accordance with section 8(2) and (3)(b) of that Act of 2000, he has acted on the recommendation of the Commission in limiting the expenses of candidates under section 11(2)(c) of the 1998 Act.

In accordance with section 154(2) and (3)(a) of the 1998 Act, a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament, accordingly the Secretary of State for Wales makes the following Order:

1 General

PART 1

General

S-1 Citation, commencement and revocation

Citation, commencement and revocation

1.—(1) This Order may be cited as the National Assembly for Wales (Representation of the People) Order 2007 and shall come into force on the day after the day on which it is made.

(2) Subject to article 149 and rule 69(2) of Schedule 5, this Order revokes the National Assembly for Wales (Representation of the People) Order 20033and the National Assembly for Wales (Representation of the People) (Amendment) Order 20064.

S-2 Interpretation

Interpretation

2.—(1) In this Order, except where the context requires otherwise—

“the 1983 Act” means the Representation of the People Act 19835;

“the 1985 Act” means the Representation of the People Act 19856;

“the 1998 Act” means the Government of Wales Act 19987;

“the 2000 Act” means the Representation of the People Act 20008;

“the 2000 Political Parties Act” means the Political Parties, Elections and Referendums Act 2000;

“the 2001 Regulations” means the Representation of the People (England and Wales) Regulations 20019;

“the 2006 Act” means the Government of Wales Act 200610;

“the 2007 Assembly general election” means the Assembly general election held in 2007 under section 3 of the 1998 Act;

“absent voter” means an elector who is entitled to vote by proxy or an elector or proxy who is entitled to vote by post;

“anonymous entry” in relation to a register shall be construed in accordance with section 9B of the 1983 Act11and “record of anonymous entries” means the record prepared in pursuance of regulations made by virtue of paragraph 8A of Schedule 2 to the 1983 Act12;

“appropriate returning officer” means a constituency returning officer in relation to a constituency election and a regional returning officer in relation to a regional election;

“the Assembly” means—

(a) in relation to elections and returns under Part 1 of the 1998 Act (except the 2007 Assembly general election) the National Assembly for Wales constituted by the 1998 Act; and

(b) in relation to the 2007 Assembly general election and elections and returns under Part 1 of the 2006 Act, the National Assembly for Wales constituted by the 2006 Act,

and all related expressions shall be construed accordingly; but

(i) in articles 16(4), 18(2)(b) and (3)(b), 23(1), (3) and (6) to (10), 24(4)(a), 62(7) and 65(9) and paragraph 3(3) of Schedule 4, it means the National Assembly for Wales constituted by the 1998 Act13; and

(ii) in article 91 and rule 69(2) of Schedule 5, it means, until the day of election for the 2007 Assembly general election, the National Assembly for Wales constituted by the 1998 Act, but thereafter the National Assembly for Wales Commission14;

“Assembly constituency” is to be construed in accordance with section 2(2) of, and Schedule 1 to, the 1998 Act;

“Assembly election” means a constituency election or a regional election;

“Assembly election petition” means a petition presented in pursuance of Part 4 of this Order;

“Assembly election rules” means the rules for the conduct of Assembly elections set out in Schedule 5;

“Assembly electoral region” is to be construed in accordance with section 2(2) of, and Schedule 1 to, the 1998 Act;

“Assembly general election” means the holding of constituency and regional elections for the return of all Assembly members;

“available for inspection” means available for inspection during ordinary office hours;

“candidate” means a constituency candidate, an individual candidate or a party list candidate;

“the Clerk” shall be construed in accordance with section 26 of the 2006 Act;

“the Commission” means the Electoral Commission established by section 1 of the 2000 Political Parties Act;

“constituency candidate” means a candidate at an Assembly constituency election;

“constituency election” means an election to return an Assembly member for an Assembly constituency;

“constituency returning officer” means the person who is the returning officer for a constituency election;

“constituency vote” means a vote given to a candidate to be an Assembly member for an Assembly constituency;

“declaration as to election expenses” means a declaration made under article 53 or 54;

“disability” in relation to doing a thing, includes the short term inability to do it;

“dwelling” includes any part of a building where that part is occupied separately as a dwelling;

“election to fill a casual vacancy” means a constituency election held otherwise than at an Assembly general election;

“election court” means the judges presiding at the trial of an Assembly election petition;

“elector” means any person whose name is for the time being on the register to be used at an Assembly election, but does not include those shown in the register as below voting age on the day fixed for the poll;

“electoral number” means a person’s number in the register to be used at the election or, pending publication of the register, his number (if any) in the electors lists for that register;

“electoral region vote” means a vote given for—

(a) a registered political party which has submitted a list of candidates to be Assembly members for an Assembly electoral region; or

(b) an individual who is a candidate to be an Assembly member for that Assembly electoral region;

“European Parliamentary election” has the same meaning as in section 27(1) of the 1985 Act;

“individual candidate” means a candidate at an Assembly regional election other than a party list candidate;

“legal incapacity” includes (in addition, where applicable, to any incapacity arising by virtue of any subsisting provision of the common law) any disqualification imposed by this Order or by any other enactment;

“legal process” means a claim form, application notice, writ, summons or other process;

“the list of proxies” in relation to an Assembly election, has the meaning given by article 10(3),

“local government election” includes a mayoral election;

“mayoral election” means an election for the return of an elected mayor of a local authority in Wales;

“nomination paper” means a constituency nomination paper, an individual nomination paper or a party nomination paper;

“ordinary local government election” means an election at which all the councillors of a county or county borough or community council in Wales are returned

“party list” means a list of not more than twelve candidates (but it may be a list of only one candidate) to be Assembly members for an Assembly electoral region which is to be or has been submitted to a regional returning officer by a registered political party;

“party list candidate” means a candidate included on a party list;

“person” includes (without prejudice to the provisions of the Interpretation Act 197815) an association corporate or unincorporate;

“postal ballot paper” means a ballot paper issued to a postal voter;

“postal proxy” means a person entitled to vote by post as proxy at an election;

“postal voter” means an elector or proxy who is entitled to vote by post;

“postal voters list” means the list kept under article 10(2);

“presiding officer”, in relation to a polling station, means a person holding the office set out in rule 35 of Schedule 5;

“Presiding Officer of the Assembly” shall—

(a) in relation to the Assembly constituted by the 1998 Act, be construed in accordance with section 52 of the 1998 Act; and

(b) in relation to the Assembly constituted by the 2006 Act, be construed in accordance with, section 25 of the 2006 Act;

“proxy postal voters list” means the list kept under article 12(8);

“qualifying address” has the same meaning as in section 9(8)(b) of the 1983 Act16

“qualifying Commonwealth citizen” means a Commonwealth citizen who is either—

(a) not a person who requires leave under the Immigration Act 197117to enter or remain in the United Kingdom; or

(b) is such a person but for the time being has (or is, by virtue of any enactment, to be treated as having) indefinite leave to remain within the meaning of that Act,

but a person is not a qualifying Commonwealth citizen if he does not require leave to enter or remain in the United Kingdom by virtue only of Section 8 of the Immigration Act 1971 (exemptions to requirement for leave in special cases);

“regional election” means an election to return Assembly members for an Assembly electoral region;

“regional returning officer” means the person who is the returning officer for a regional election;

“register” means the register of local government electors;

“registered emblem” means an emblem registered by a registered political party under Part 2 of the 2000 Political Parties Act;

“registered nominating officer” means the person registered under Part 2 of the 2000 Political Parties Act as the officer with responsibility for the matters referred to in section 24(3) of that Act in respect of a registered political party;

“registered political party” means (subject to rule 80 of Schedule 5) a party registered under Part 2 of the 2000 Political Parties Act;

“registration officer”...

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