The National Assembly for Wales (Representation of the People) Order 2003

Penalty for sitting or voting where no return and declarations are delivered etc

55.—(1) If—

(a) in the case of a candidate at a constituency election or an individual candidate at a regional election, the return and declarations as to election expenses, or

(b) in the case of a party list candidate, his declaration as to election expenses,

are not delivered before the expiry of the time limited for the purpose, the candidate shall not, after the expiry of that time, sit or vote in the Assembly as member for the Assembly constituency or electoral region for which the election was held until either—

(i) where sub-paragraph (a) applies, that return and those declarations have been delivered,

(ii) where sub-paragraph (b) applies, that declaration has been delivered, or

(iii) the date of the allowance of an authorised excuse for the failure to deliver that return and those declarations or, as the case may be, that declaration,

and if he sits or votes in contravention of this paragraph he shall forfeit £100 for every day on which he so sits or votes.

(2) Civil proceedings for a penalty under this article shall be commenced within the period of one year beginning with the day in respect of which the penalty is alleged to have been incurred.

(3) For the purpose of paragraph (2)—

(a) where the service or execution of legal process on or against the alleged offender is prevented by the absconding or concealment or act of the alleged offender, the issue of legal process shall be deemed to be a commencement of a proceeding, but,

(b) where sub-paragraph (a) does not apply, the service or execution of legal process on or against the alleged offender, and not its issue, shall be deemed to be the commencement of the proceeding.