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

Tampering with ballot papers etc.

5.—(1) A person (P) is guilty of an offence if, in the referendum, P—

(a) fraudulently defaces or fraudulently destroys any ballot paper, or the official mark on any ballot paper, or any postal voting statement or official envelope used in connection with voting by post;

(b) without due authority, supplies any ballot paper to any person;

(c) fraudulently puts into any ballot box any paper other than the ballot paper which P is authorised by law to put in;

(d) fraudulently takes out of the polling station any ballot paper;

(e) without due authority, destroys, takes, opens or otherwise interferes with any ballot box or packet of ballot papers then in use for the purposes of the referendum; or

(f) fraudulently or without due authority, as the case may be, attempts to do any of the foregoing acts.

(2) If the Chief Counting Officer, a Deputy Chief Counting Officer, a counting officer, a presiding officer or a clerk appointed to assist in taking the poll, counting the votes or assisting at the proceedings in connection with the issue or receipt of postal ballot papers in the referendum, is guilty of an offence under this paragraph, the officer or clerk is liable—

(a) on conviction on indictment, to a fine, or to imprisonment for a term not exceeding 2 years, or to both; or

(b) on summary conviction, to a fine not exceeding the statutory maximum, or to imprisonment for a term not exceeding 6 months, or to both.

(3) If any other person is guilty of an offence under this paragraph the person is liable on summary conviction to a fine not exceeding level 5 on the standard scale, or to imprisonment for a term not exceeding 6 months, or to both.

(4) In relation to an offence committed under sub-paragraph (2) after the commencement of section 154(1) of the Criminal Justice Act 2003, the reference in sub-paragraph (2)(b) to 6 months is to be read as a reference to 12 months.

(5) In relation to an offence committed under sub-paragraph (3) after the commencement of section 281(5) of the Criminal Justice Act 2003, the reference in sub-paragraph (3) to 6 months is to be read as a reference to 51 weeks.