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

Explanatory Note

(This note is not part of the Order)

This Order makes provision for the conduct of elections and return of members to the National Assembly for Wales (“the Assembly”) and other related matters. It replaces the National Assembly for Wales (Representation of the People) Order 1999 (“the 1999 Order”) as amended by the National Assembly for Wales (Representation of the People) (Amendment) Order 2002 (“the 2002 Order”) which are revoked.

This Order reproduces the provisions of the 1999 Order as amended by the 2002 Order but with additional provisions which are needed as a result of changes made by the Representation of the People Act 2000 and the Political Parties, Elections and Referendums Act 2000 and which were not reflected in the 2002 Order.

The principal changes made by this Order concern -

(a) offences in relation to false statements in connection with applications for absent or proxy votes (article 13);

(b) false statements and signatures in nomination papers (article 32);

(c) a prohibition on the publication of exit polls (article 34);

(d) the control of donations to constituency and individual candidates (article 39 and schedule 6);

(e) the expenses of constituency and individual candidates (articles 50, 51 and 60-63);

(f) the broadcasting of local items during an election period (article 66); and

(g) incapacities on conviction of a corrupt or illegal practice (article 122).

Part I of the Order makes general provision.

Part II makes provision in connection with the Assembly franchise and its exercise.

Part III makes provision in connection with campaigns at Assembly elections.

Part IV makes provision in connection with legal proceedings and, in particular, election petitions.

Part V makes miscellaneous and supplemental provision in connection with Assembly elections.

Schedule 1 to the Order makes provision in connection with electors lists and registers.

Schedule 2 makes provision in connection with absent voting at Assembly elections.

Schedule 3 makes provision in connection with the issue and receipt of postal ballot papers at Assembly elections.

Schedule 4 makes provision in connection with the combination of polls at Assembly and local government elections.

Schedule 5 makes provision in connection with the conduct of Assembly elections and the return of Assembly members.

Schedule 6 makes provision in connection with the control of donations to candidates.

Schedule 7 contains forms of returns and declarations as to election expenses.

Schedule 8 makes provision in connection with the use for Assembly election meetings of rooms in school premises and of meeting rooms.

Schedule 9 modifies the Election Petition Rules 1960 in their application to Assembly election petitions.