The National Assembly for Wales (Representation of the People) Order 1999

Paragraph 50 of Schedule 5 (the count)

18.—(1) For paragraphs 50(1) and (2) of Schedule 5 there shall be substituted—

“(1) This sub-paragraph applies where—

(a) voters at an ordinary election are entitled to give two votes in an Assembly constituency,

(b) the polls at the Assembly elections are taken together with a poll at a local government election in the Assembly constituency, and

(c) the constituency returning officer for the Assembly constituency discharges the functions specified in paragraph 2 of Schedule 4.

(1A) Where sub-paragraph (1) applies the constituency returning officer shall—

(a) in the presence of the counting agents appointed for the purposes of the Assembly elections open each ballot box and record separately the number of ballot papers in those boxes for each election,

(b) in the presence of the election agents appointed for the purposes of the Assembly elections verify each ballot paper account,

(c) count such of the postal ballot papers as have been duly returned and record separately the number counted at each election,

(d) separate the ballot papers relating to each election,

(e) make up into packets the ballot papers for each election other than the Assembly elections and seal them up in separate containers endorsing on each a description of the area to which the ballot papers relate,

(f) deliver, or cause to be delivered, to the returning officer at the election to which the ballot papers relate—

(i) those containers, together with a list of them and of the contents of each, and

(ii) the ballot paper accounts together with a copy of the statement as to the result of their verification in respect of that election, and

(g) at the same time deliver, or cause to be delivered, to that officer packets that so relate containing,—

(i) the unused and spoilt ballot papers,

(ii) the tendered ballot papers, and

(iii) the counterfoils of the used ballot papers and the certificates as to employment on duty on the day of the poll.

(2) The proceedings described in sub-paragraph (1A) may be undertaken at a different place (or at different places) than a place at which the votes at an Assembly election are counted; but if the power is so exercised sub-paragraph (3) does not apply with respect to the ballot papers and other documents relating to the local government election.

(2A) Where a constituency returning officer at an Assembly election does not discharge the functions specified in paragraph 2 of Schedule 4 he shall—

(a) on receipt of containers from the returning officer who does discharge those functions, and after the time specified in the notice given under paragraph 49(2A), in the presence of the counting agents open each container,

(b) where the proceedings on the issue and receipt of postal ballot papers are not taken together with those proceedings at another election under paragraph 2 of Schedule 3, count such of the postal ballot papers as have been duly returned and record the number counted, and

(c) mix together the postal ballot papers and the ballot papers from all of the containers and count the votes given on them;

and sub-paragraph (8) shall not apply to these proceedings.”.

(2) In paragraph 50(3) and (4) of Schedule 5, for “sub-paragraph (1)” there shall be substituted “sub-paragraph (1A)”.

(3) In paragraph 50(3) of Schedule 5 after “the power” there shall be inserted “referred to in sub-paragraph (2)”.

(4) For paragraph 50(11) to (13) of Schedule 5 there shall be substituted—

“(11) Where the poll at an Assembly election is taken together with a poll at a local government election and sub-paragraph (1) or (2A) does not apply—

(a) sub-paragraph (12) shall apply, and

(b) “each election” in sub-paragraphs (3)(a) and (4) shall be construed as “the Assembly election”,

(12) Sub-paragraphs (1A) and (2) shall apply save that the reference to sub-paragraph (1) shall be construed as a reference to this sub-paragraph and the references to Assembly elections in sub-paragraph (1A) shall be construed as references to the Assembly election; and references in this paragraph and paragraph 49 to sub-paragraph (1A) include references to that sub-paragraph where it applies by virtue of this sub-paragraph.”.