The Local Elections (Communities) (Welsh Forms) Order 2004

Statutory Instruments

2004 No. 1233

REPRESENTATION OF THE PEOPLE, WALES

The Local Elections (Communities) (Welsh Forms) Order 2004

Made

29th April 2004

Laid before Parliament

30th April 2004

Coming into force

4th May 2004

The First Secretary of State, in exercise of the powers conferred upon him by section 26(2) of the Welsh Language Act 1993(1), as modified by section 22 of the Representation of the People Act 1985(2), hereby makes the following Order:

Citation, commencement and application

1.—(1) This Order may be cited as the Local Elections (Communities) (Welsh Forms) Order 2004 and shall come into force on 4th May 2004.

(2) This Order applies to local government elections in Wales only.

Interpretation

2.  In this Order—

“European Parliamentary election” shall have the same meaning as in section 27(1) of the Representation of the People Act 1985;

“mayoral election” means an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2002(3);

“principal area election” means an election conducted under the Local Elections (Principal Areas) Rules 1986(4);

“referendum” means a referendum conducted under the Local Authorities (Conduct of Referendums) (Wales) Regulations 2004(5); and

“relevant election or referendum” means one or more of the following—

(i)

a Parliamentary election(6);

(ii)

a European Parliamentary election;

(iii)

a principal area election;

(iv)

a mayoral election; and

(v)

a referendum,

the poll at which is taken together with the poll at the community council election.

Welsh versions of prescribed forms

3.—(1) Each of the forms set out in Part 1 of the Schedule to this Order is hereby prescribed as the form in Welsh of the corresponding form of words set out in Schedule 3 to the Local Elections (Parishes and Communities) Rules 1986(7) or of the prescribed form set out in the Appendix to that Schedule, which may be used in the circumstances described in paragraph (2).

(2) The circumstances referred to in paragraph (1) are where the poll at an election of a councillor to a community council in Wales is taken together with the poll at a relevant election or referendum.

Welsh and English versions of prescribed forms

4.  Each of the forms set out in Part 2 of the Schedule to this Order is hereby prescribed as the form partly in Welsh and partly in English of the corresponding form set out in Schedule 3 to the Local Elections (Parishes and Communities) Rules 1986, which may be used where the poll at the election of a councillor to a community council in Wales is taken together with the poll at a relevant election or referendum.

Adaptation

5.  The forms set out in the Schedule to this Order may be adapted so far as circumstances require.

Signed on behalf of the First Secretary of State

Nick Raynsford

Minister of State,

Office of the Deputy Prime Minister

29th April 2004

Articles 3 and 4

SCHEDULE FORMS

Article 3

PART 1 Forms in Welsh

QUESTIONS TO BE PUT TO A PERSON APPLYING AS AN ELECTOR FOR A BALLOT PAPER

(i)

“Ai chi yw'r person sydd wedi ei gofrestru ar y gofrestr etholwyr llywodraeth leol ar gyfer yr etholiad hwn fel a ganlyn (darllenwch y cofnod cyfan o'r gofrestr)?” a

(ii)

“A ydych eisoes wedi pleidleisio yn yr etholiad hwn ar gyfer y gymuned hon [gan ychwanegu yn achos etholiad ar gyfer nifer o wardiau, “yn y ward hon neu unrhyw ward arall”] heblaw am fel dirprwy i ryw berson arall?”

QUESTIONS TO BE PUT TO A PERSON APPLYING AS A PROXY FOR A BALLOT PAPER

(i)

“Ai chi yw'r person y mae ei enw yn ymddangos fel AB yn y rhestr o ddirprwyon ar gyfer yr etholiad hwn i bleidleisio fel dirprwy ar ran CD?” a

(ii)

“A ydych eisoes wedi pleidleisio yn yr etholiad hwn ar gyfer y gymuned hon [gan ychwanegu yn achos etholiad ar gyfer nifer o wardiau, “yn y ward hon neu unrhyw ward arall”] fel dirprwy ar ran CD?”

FURTHER QUESTIONS TO BE PUT TO A PERSON APPLYING AS A PROXY FOR A BALLOT PAPER

(i)

“Ai chi yw gŵr [gwraig], rhiant, taid neu nain, brawd [chwaer], plentyn neu wyr CD?” ac os na fydd y cwestiwn hwnnw'n cael ei ateb yn gadarnhaol, y cwestiynau canlynol–

(ii)

“A ydych eisoes wedi pleidleisio yn yr etholiad hwn, [gan ychwanegu yn achos etholiad ar gyfer nifer o wardiau, yn y ward hon neu unrhyw ward arall] ar ran dau berson nad ydych yn ŵr, gwraig, rhiant, taid neu nain, brawd neu chwaer, plentyn neu wyr iddynt?”

Rheol 4

Form of nomination paper

Rheol 6

Form of candidate’s consent to nomination

Rheol 26(3)

Form of certificate of employment

Rheol 33(5)

Form of declaration to be made by the companion of a voter with disabilities

Article 4

PART 2 Forms partly in Welsh and partly in English

Rheol 19 Rule 19

Form of declaration of identity

Form for use where there is separate issue and receipt of postal ballot papers

Rheol 22 Rule 22

ELECTOR'S OFFICIAL POLL CARD

Rheol 22 Rule 22

Proxy’s official poll card

Rheol 23(4) Rule 23(4)

Form of directions for guidance of the voters in voting

Explanatory Note

(This note is not part of the Order)

This Order prescribes Welsh and partly Welsh and partly English versions of the forms which are prescribed for use in connection with the election of councillors for a community council which is taken together with another election or referendum.

In the case of those forms which are used by the returning officer or sent out by him on demand, forms in Welsh are prescribed. The returning officer will be able to use either the English or Welsh version, as the applicant requires.

In the case of those forms which will be used by voters, forms partly in Welsh and partly in English are prescribed to enable a single version of the form to be used and allow a voter to read the text in whichever language he prefers.

A regulatory impact assessment has not been produced for this instrument, as it has no impact on the costs of businesses, charities or voluntary bodies, or local government.

(1)

1993 c. 38.

(2)

1985 c. 50.

(3)

S.I. 2002/185; amended by S.I. 2004/225.

(4)

S.I. 1986/2214; amended by S.I. 1987/261, 1990/158, 1995/1948, 1998/578, 1999/394, 2001/81, 2004/223 and 2004/1041.

(5)

S.I. 2004/870 (W.85.).

(6)

For the definition of “Parliamentary election”, see the Interpretation Act 1978 (c. 30), Schedule 1.

(7)

S.I. 1986/2215; amended by S.I. 1987/260, 1990/157, 1995/1948, 1998/585, 1999/395, 2001/80, 2004/224 and 2004/1040.