The Local Government (Coronavirus) (Postponement of Elections) (Wales) (No. 2) Regulations 2020

Interpretation E+W

3.  In these Regulations—

“the 1983 Act” means the Representation of the People Act 1983 M1 ;

“the 2000 Act” means the Political Parties, Elections and Referendums Act 2000 M2 ;

“the 2020 Act” means the Coronavirus Act 2020;

“the 2001 Regulations” means the Representation of the People (England and Wales) Regulations 2001 M3 ;

“the 2020 Regulations” means the Local Government (Coronavirus) (Postponement of Elections) (Wales) Regulations 2020 M4 ;

“ballot paper envelope”, “covering envelope”, “postal voter”, “receptacle for ballot paper envelopes” and other references to specified receptacles have the same meanings as in Part 5 of the 2001 Regulations;

“candidate” has the meaning given by section 118A of the 1983 Act M5 ;

“electoral area” has the same meaning as in section 203(1) of the 1983 Act;

“opened relevant envelope” means—

(a)

a covering envelope that has been opened, or

(b)

an envelope (other than a covering envelope) which is received by the returning officer or counting officer and which, when opened, contains a ballot paper envelope, postal voting statement or ballot paper;

“a postponed poll” means any poll which as a result of the 2020 Regulations will replace a relevant by-election and be held within the period commencing on [F1 1 March 2021 and ending on 6 May 2021];

“postal voters list” and “proxy postal voters list” have the same meaning as in section 202(1) of the 1983 Act M6 ;

“principal area” has the same meaning as in section 270(1) of the Local Government Act 1972 (general provisions as to interpretation) M7 ;

“regulated donee” has the same meaning as in paragraph 1 of Schedule 7 to the 2000 Act;

“relevant by-election” means —

(a)

an election of a councillor to fill a casual vacancy in the office of councillor for any principal area in Wales; or

(b)

the election of a councillor to fill a casual vacancy in the office of community councillor in any community council in Wales,

where the poll for any such election was due to be held during the relevant period and was not held during that period as a result of the 2020 Regulations;

“the relevant period” (“y cyfnod perthnasol”) means the period beginning on 16 March 2020 and ending on [F2 28 February 2021];

“relevant registration officer”—

(a)

in the case of a relevant by-election—

(i)

where the election was for a councillor to fill a casual vacancy in the office of councillor for any principal area in Wales, has the meaning given by rule 52(2) of Schedule 2 or (as the case may be) rule 52(3) of Schedule 3 to the Local Elections (Principal Areas) (England and Wales) Rules 2006 M8 ;

(ii)

where the election was for a councillor to fill a casual vacancy in the office of community councillor in any community council in Wales, has the meaning given by rule 52(2) of Schedule 2 or (as the case may be) rule 52(3) of Schedule 3 to the Local Elections (Parishes and Communities) (England and Wales) Rules 2006 M9 .

Textual Amendments

F1 Words in reg. 3 substituted (29.1.2021) by The Local Government (Coronavirus) (Postponement of Elections) (Miscellaneous Amendments) (Wales) Regulations 2021 (S.I. 2021/88), regs. 1(2), 3(2)(a)

F2 Words in reg. 3 substituted (29.1.2021) by The Local Government (Coronavirus) (Postponement of Elections) (Miscellaneous Amendments) (Wales) Regulations 2021 (S.I. 2021/88), regs. 1(2), 3(2)(b)

Commencement Information

I1 Reg. 3 in force at 4.12.2020, see reg. 2

Marginal Citations

M1 1983 c. 2.

M2 2000 c. 41.

M3 S.I. 2001/341; relevant amending instruments are S.I. 2006/752, 2006/2910 and 2013/3198.

M4 S.I. 2020/461 (W.105)

M5 Section 118A was inserted by the Political Parties, Elections and Referendums Act 2000 (c. 41), section 135.

M6 Section 202(1) was amended by the Electoral Administration Act 2006 (c. 22), Schedule 1, paragraph 128.

M7 1972 c. 70; section 270(1) was amended by the Local Government Act 1985 (c. 51), Schedule 16, paragraph 8.

M8 S.I. 2006/3304, to which there are amendments not relevant to these Regulations.

M9 S.I. 2006/3305, to which there are amendments not relevant to these Regulations.