The European Parliamentary Elections (Welsh Forms) Order 2004

Statutory Instruments

2004 No. 1373

REPRESENTATION OF THE PEOPLE

The European Parliamentary Elections (Welsh Forms) Order 2004

Made

17th May 2004

Laid before Parliament

18th May 2004

Coming into force

19th May 2004

The Secretary of State, in exercise of the powers conferred upon him by sections 26(2) and 27 of the Welsh Language Act 1993(1), as applied by section 7(5) of the European Parliamentary Elections Act 2002(2), hereby makes the following Order:

Citation and commencement

1.  This Order may be cited as the European Parliamentary Elections (Welsh Forms) Order 2004 and shall come into force on 19th May 2004.

Interpretation

2.—(1) In this Order—

“2004 Regulations” means the European Parliamentary Elections Regulations 2004(3).

(2) In this Order, a reference to a numbered rule is a reference to the rule of that number contained in the European Parliamentary Elections Rules in Schedule 1 to the 2004 Regulations.

Revocation

3.  The following Orders are hereby revoked—

(a) the European Parliamentary Elections (Welsh Forms) Order 1989(4), and

(b) the European Parliamentary Elections (Welsh Forms) (Amendment) Order 1999(5).

Welsh versions of forms of words

4.—(1) The following forms of words, namely “Etholiad Senedd Ewrop”, “RHANBARTH ETHOLIADOL CYMRU” and “Mae gennych un bleidlais” are hereby specified as the forms of words in Welsh for the words “Election for the European Parliament”, “ELECTORAL REGION OF WALES” and “You have one vote”, respectively, which are specified in the form of the front of the ballot paper prescribed by rule 21(2) for use at European Parliamentary elections.

(2) The form of words in Welsh prescribed by paragraph (1) above shall be printed so that they appear to the right or left of the corresponding words in English on every ballot paper at a European Parliamentary election in Wales.

(3) “Annibynnol” is hereby prescribed as the form of words in Welsh for the word “Independent” which is specified for use as the description of an individual candidate in a nomination paper by rule 4(3)(b).

(4) The form of words in Welsh prescribed by paragraph (3) may be used as well as or in place of the equivalent word in English at a European Parliamentary election in Wales.

Welsh version of prescribed forms or forms of words

5.  Each of the forms or form of words set out in Schedule 1 to this Order is hereby prescribed as the Welsh version which may be used at a European Parliamentary election in Wales in place of the forms or form of words prescribed by the following provisions in the 2004 Regulations, which provisions are—

(a) in the case of form 1, rule 33(3),

(b) in the case of form 2, sub-paragraphs (i) and (ii) of rule 36(1)(a),

(c) in the case of form 3, sub-paragraphs (i) and (ii) of rule 36(1)(b),

(d) in the case of form 4, the first and second questions prescribed by rule 36(2),

(e) in the case of form 5, rule 40(5)(a), and

(f) in the case of form 6, the form prescribed by paragraph 28 of Schedule 3 to the 2004 Regulations.

Welsh and English versions of prescribed forms

6.—(1) Each of the forms set out in Schedule 2 to this Order is hereby prescribed as the version partly in Welsh and partly in English which shall be used at a European Parliamentary election in Wales, in place of—

(a) in the case of form 1, the form of the back of the ballot paper prescribed by rule 21(2),

(b) in the case of forms 2 and 3, the forms prescribed by rule 29(3),

(c) in the case of form 4, the notice prescribed by rule 30(5),

(d) in the case of form 5, the notice prescribed by rule 30(7),

(e) in the case of form 6, the form prescribed by paragraph 6(8) of Schedule 2 to the 2004 Regulations,

(f) in the case of forms 7, 8 and 9, the forms prescribed by paragraph 28(a), (b) and (c) of Schedule 2 to the 2004 Regulations respectively,

(g) in the case of form 10, the form prescribed by paragraph 52(5) of Schedule 2 to the 2004 Regulations,

(h) in the case of form 11, the form prescribed by paragraph 8 of Schedule 3 to the 2004 Regulations,

(i) in the case of form 12, the form prescribed by paragraph 27 of Schedule 3 to the 2004 Regulations, and

(j) in the case of form 13, the form prescribed by regulation 52(3) of the 2004 Regulations.

(2) In the case of forms 2, 3 and 6 to 10, forms substantially to the like effect may be used with such variations as the circumstances may require.

Signed on behalf of the Secretary of State for Constitutional Affairs

Christopher Leslie

Parliamentary Under Secretary of State,

Department for Constitutional Affairs

17th May 2004

Article 5

SCHEDULE 1 Welsh version of prescribed forms or forms of words

Rule 33

Form 1 Certificate of Employment

Form 2

Form 3

Form 4

Rule 40(5)

Form 5 Form of declaration to be made by the companion of a voter with disabilities

Rule 40(5)

Form 6 Form of declaration to be made by the companion of a voter with disabilities

Article 6

SCHEDULE 2 Welsh and English versions of prescribed forms

Form 1 Form of Back of Ballot Paper

Rule 29

Form 2 Elector’s official poll card

Rule 29

Form 3 Proxy’s Official Poll Card

Rule 30

Form 4 Form of directions for the guidance of the voters in voting

Form 5

Paragraph 6(8)

Form 6 Proxy Paper

Paragraph 28(a)

Form 7 Declaration of Identity

Paragraph 28(b)

Form 8 Declaration of identity

Paragraph 28(c)

Form 9 Declaration of Identity

Paragraph 52(5)

Form 10 Statement as to Postal Ballot Papers

Form 11

Form 12 Form of directions for the guidance of the voters in voting

Regulation 51

Form 13 Declaration as to election expenses

Explanatory Note

(This note is not part of the Order)

This Order revokes and replaces the European Parliamentary Elections (Welsh Forms) Order 1989 and the European Parliamentary Elections (Welsh Forms) (Amendment) Order 1999. The forms and forms of words prescribed by articles 4 and 5 and Schedule 1 to this Order are Welsh versions of certain forms or forms of words which may be used at a European Parliamentary election in Wales. The forms prescribed by Schedule 2 to this Order are versions partly in Welsh and partly in English which must be used at a European Parliamentary election in Wales for the purposes referred to in article 6 of this Order.

The English versions of the forms and forms of words are now contained in the European Parliamentary Elections Regulations 2004, which regulations revoked the European Parliamentary Elections Regulations 1999.

The differences between this Order and the Orders it revokes reflect improvements and changes made to the English versions of the forms and forms of words, that were previously prescribed. Those changes reflect new provisions in the European Parliamentary Elections Regulations 2004 to address possible combinations of polls, particularly in the light of the combination of the European Parliamentary general election and local government elections in 2004. In addition article 4(3) prescribes a Welsh form of words to be used as well as or in place of the word “Independent” on the nomination paper for an independent candidate at a European Parliamentary election in Wales.

(1)

1993 c. 38.

(2)

2002 c. 24.

(3)

S.I. 2004/293.

(4)

S.I. 1989/428.

(5)

S.I. 1999/1402.