The Parliamentary Elections (Welsh Forms) Order 2005

Statutory Instruments

2005 No. 1105

REPRESENTATION OF THE PEOPLE

The Parliamentary Elections (Welsh Forms) Order 2005

Made

3rd April 2005

Laid before Parliament

6th April 2005

Coming into force

7th April 2005

The Secretary of State, in exercise of the powers conferred upon him by sections 26(2) and 27(4) of the Welsh Language Act 1993(1) hereby makes the following Order:

Citation and Commencement

1.  This Order may be cited as the Parliamentary Elections (Welsh Forms) Order 2005 and shall come into force on 7th April 2005.

Interpretation

2.  In this Order—

“the 1983 Act” means the Representation of the People Act 1983(2); and

“the 2001 Regulations” means the Representation of the People (England and Wales) Regulations 2001(3).

Revocation

3.  The following are hereby revoked—

(a) the Representation of the People (Welsh Forms) Order 1989(4);

(b) articles 2 and 6(a) of the Elections (Welsh Forms) Order 1995(5); and

(c) articles 2 and 4 of the Elections (Welsh Forms) Order 2001(6).

Welsh versions of forms of words

4.—(1) The following form of words, namely “PLEIDLEISIWCH DROS UN YMGEISYDD YN UNIG” is hereby prescribed as the form of words in Welsh for the words “VOTE FOR ONE CANDIDATE ONLY” which are specified in the form of the front of the ballot paper in the Appendix to Schedule 1 to the Representation of the People Act 1983 for use at parliamentary elections.

(2) The forms of words in Welsh prescribed by paragraph (1) above shall be printed so that they appear immediately beneath the corresponding words in English on every ballot paper at a 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 a candidate in a nomination paper by rule 6(3)(b) of the rules in Schedule 1 to the 1983 Act.

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

(5) “Y Llefarydd yn ailymgeisio” is hereby prescribed as the form of words in Welsh for the words “The Speaker seeking re-election” which are specified for use as the description of a candidate in a nomination paper by rule 6(3)(b) of the rules in Schedule 1 to the 1983 Act.

(6) The form of words in Welsh prescribed by paragraph (5) above may be used in place of the equivalent words in English at a parliamentary election in Wales.

Welsh version of prescribed forms or form 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 parliamentary election in Wales in place of—

(a) in the case of form 1, form F (certificate of employment) in Schedule 3 to the 2001 Regulations,

(b) in the case of form 2, sub-paragraphs (i) and (ii) of rule 35(1)(a) in Schedule 1 to the 1983 Act,

(c) in the case of form 3, sub-paragraphs (i) and (ii) of rule 35(1)(b) in Schedule 1 to the 1983 Act,

(d) in the case of form 4, the first and second questions prescribed by rule 35(2) in Schedule 1 to the 1983 Act,

(e) in the case of forms 5 and 6, the form of nomination paper(7) and the form of declaration to be made by the companion of a voter with disabilities(8), respectively set out in the Appendix of Forms in Schedule 1 to the 1983 Act.

Welsh and English versions of prescribed forms

6.—(1) Each of the forms in sub-paragraphs (a) to (i) below and 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 parliamentary election in Wales in place of—

(a) in the case of form 1, the form of the back of the ballot paper(9) prescribed in the Appendix of Forms in Schedule 1 to the 1983 Act,

(b) in the case of form 2, the form of directions for the guidance of voters in voting(10) prescribed in the Appendix of Forms in Schedule 1 to the 1983 Act,

(c) in the case of form 3, form of directions for guidance of voters in voting prescribed in paragraph 28 of Schedule 2 to the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004(11),

(d) in the case of form 4, the notice prescribed by rule 29(5) (voting compartment notice) in Schedule 1 to the 1983 Act(12),

(e) in the case of form 5, Form A (elector’s official poll card) in Schedule 3 to the 2001 Regulations,

(f) in the case of form 6, Form B (proxy’s official poll card) in Schedule 3 to the 2001 Regulations,

(g) in the case of form 7, Form C (return of expenses required by section 75 of the 1983 Act) in Schedule 3 to the 2001 Regulations,

(h) in the case of form 9, Form D (declaration as to expenses required by section 75 of the 1983 Act) in Schedule 3 to the 2001 Regulations,

(i) in the case forms 10, 11 and 12, Forms G, H(13) and J(14) (declarations of identity) in Schedule 3 to the 2001 Regulations, and

(j) in the case of form 13, Form K (statement as to postal ballot papers) in Schedule 3 to the 2001 Regulations.

(2) Form 8, 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 as the proxy paper to be issued by the registration officer in Wales in place of Form E (proxy paper) in Schedule 3 to the 2001 Regulations.

7.  With the exception of forms 2, 3 and 4 in Schedule 1 to this Order, forms substantially to the like effect may be used with such variations as the circumstances may require.

Christopher Leslie

Parliamentary Under-Secretary of State

Department for Constitutional Affairs

3rd April 2005

Article 5

SCHEDULE 1 Welsh version of prescribed forms or forms of words

Article 6

SCHEDULE 2 Welsh and English versions of prescribed forms

#Dylid defnyddio'r geiriad hwn pan na fydd y GLRO wedi darparu geiriad yn unol â Rheolau Etholiandau Awdurdod Llundain Fwyaf (Rhif 2) 2000.

#This wording should be used where the GLRO has not supplied wording pursuant to the Greater London Authority Elections (No. 2) Rules 2000.(15)

Explanatory Note

(This note is not part of the Order)

This Order replaces and revokes the Elections (Welsh Forms) Order 1989 (“the 1989 Order”) and certain provisions of the Elections (Welsh Forms) Order 1995 and the Elections (Welsh Forms) Order 2001 (respectively “the 1995 Order” and “the 2001 Order”).

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 parliamentary elections in Wales. The forms prescribed by Schedule 2 to this Order are versions partly in Welsh and partly in English which must be used for the purposes referred to in article 6 of this Order.

The English versions of the forms and forms of words are contained in Schedule 1 to the Representation of the People Act 1983 (“the 1983 Act”) and Schedule 3, the Representation of the People (England and Wales) Regulations 2001 (“the 2001 Regulations”) and the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 (“the 2004 Regulations”).

The 1989 Order prescribed Welsh versions of certain forms and forms of words contained in the 1983 Act and the forms prescribed by the Representation of the People Regulations 1986, which were revoked by the 2001 Regulations. The 1995 Order prescribed a form of words in Welsh for certain words used on ballot papers. The 2001 Order prescribed Welsh versions of the form of words which may be used as well as or in place of the word “Independent” on the nomination paper by an independent candidate and the form of words that may be used in place of the words “The Speaker seeking re-election”.

The differences between this Order and the 1989 Order are, firstly, that it consolidates the Welsh versions of the forms or forms of words contained in the 1989, 1995 and 2001 Orders. Secondly, it reflects improvements and changes made to the English versions of the forms and forms of words prescribed in the 1983 Act and for the first time prescribes Welsh versions of the forms prescribed in the 2001 and 2004 Regulations.

(1)

1993 c. 38.

(2)

1983 c. 2.

(3)

S.I. 2001/341, which was amended by S.I.2004/294.

(4)

S.I. 1989/429.

(5)

S.I. 1995/830, to which there are amendments not relevant to this Order.

(6)

S.I. 2001/1204.

(7)

This form was amended by paragraph 23(3)(a) and (3)(b) (which respectively omitted note 3 and amended note 5 to the form) in Schedule 1 to the Representation of the People Act 2000 (c. 2) (“the 2000 Act”).

(8)

This form was amended by section 13(1) and (5)(a) of the 2000 Act.

(9)

This form was amended by paragraph 84 of Schedule 4 to the Representation of the People Act 1985 (c. 50) (“the 1985 Act”).

(10)

This form was amended by paragraph 86 of Schedule 4 to the 1985 Act.

(11)

S.I.2004/294.

(12)

Rule 29(5) was amended by paragraph 79 of Schedule 4 to the 1985 Act.

(13)

Form H was amended by paragraphs 1 and 2 of Schedule 3 to S.I.2004/294.

(14)

Form J was amended by paragraphs 1 and 3 of Schedule 3 to S.I.2004/294.

(15)

S.I.2000/427.