The National Assembly for Wales Referendum (Assembly Act Provisions) (Referendum Question, Date of Referendum Etc.) Order 2010

Breach of official duty

4.—(1) If a person to whom this paragraph applies is, without reasonable cause, guilty of any act or omission in breach of the person’s official duty, the person is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

(2) No person to whom this paragraph applies is liable, for breach of that person’s official duty, to any penalty at common law and no action for damages lies in respect of the breach by such a person of the person’s official duty.

(3) The persons to whom this paragraph applies are—

(a) the Chief Counting Officer, a Deputy Chief Counting Officer and any counting officer;

(b) any presiding officer or registration officer;

(c) any official designated by a universal postal service provider;

(d) any deputy of a person mentioned in sub-paragraph (a) to (c); and

(e) any person (“A”) appointed to assist or, in the course of A’s employment, assisting a person (“P”) mentioned in sub-paragraphs (a) to (c) in connection with P’s official duties,

and “official duty” for the purpose of this paragraph is to be construed accordingly, but does not include duties imposed otherwise than by this Order or the law relating to the referendums.

(4) Where—

(a) the Chief Counting Officer, a Deputy Chief Counting Officer or a counting officer is guilty of an act or omission in breach of that officer’s official duty; but

(b) the officer remedies that act or omission in full by taking steps under paragraph (1) of article 12, the officer is not guilty of an offence under sub-paragraph (1).

(5) Sub–paragraph (4) does not affect any conviction which takes place, or any penalty which is imposed, before the date on which the act or omission is remedied in full.