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The National Assembly for Wales (Representation of the People) Order 2007

Status:

This is the original version (as it was originally made).

Records and lists kept under articles 8, 10 and 12

This section has no associated Explanatory Memorandum

13.—(1) Any of the persons listed in sub-paragraph (2) entitled to copies of the full register in accordance with the provisions of regulations 103, 105, 106 and 108 of the 2001 Regulations are also entitled, subject to this paragraph and paragraph 14 of this Schedule, to request that the registration officer supply free of charge the relevant parts (within the meaning of the 2001 Regulations) of a copy of any of the following information which he keeps—

(a)the current version of the information which would, in the event of a particular Assembly election, be included in the postal voters lists, the list of proxies or the proxy postal voters lists which he is required to keep under article 10 or 12(6);

(b)the current or final version of the postal voters list, the list of proxies or the proxy postal voters list kept under article 10 or 12(6).

(2) The persons are—

(a)each member of the National Assembly for Wales for any constituency or Assembly electoral region wholly or partly within the registration area;

(b)a candidate or his agent for an Assembly constituency election;

(c)an individual candidate or the candidates or election agent for a registered political party standing nominated in an Assembly electoral region; or

(d)any person nominated to act for the purposes of this paragraph by the registered nominating officer of a registered political party provided that not more than one person may be nominated in respect of the same registered political party and registration area.

(3) A request under sub-paragraph (1) shall be made in writing and shall—

(a)specify which records or lists (or the relevant parts of such records or lists) are requested;

(b)state whether the request is made only in respect of current lists or whether it includes a request for the supply of any final list; and

(c)state whether a printed copy of the records or lists is requested or a copy in data form(1).

(4) A person who obtains a copy of a list under this paragraph may use it only for the permitted purposes specified in paragraph 14 of this Schedule, and any restrictions—

(a)specified in that paragraph; or

(b)which would apply to the use of the full register under whichever of regulations 103, 105, 106 and 108 of the 2001 Regulations entitled that person to obtain that document,

shall apply to such use.

(5) The registration officer shall supply a current copy of relevant information requested under sub-paragraph (1)(a) or (b) as soon as practicable after receipt of a request duly made.

(6) The registration officer shall supply a final copy of the postal voters list kept under article 10(2)(a) as soon as practicable after 5pm on the eleventh day before the day of the poll, in response to a request that has been duly made under sub-paragraph (1).

(7) As soon as practicable after 5pm on the sixth day before the day of the poll the registration officer shall—

(a)make a copy of the lists kept under articles 10 and 12(6) available for inspection at his office in accordance with sub-paragraphs (11) to (16); and

(b)supply a final copy of the postal voters list or the list of proxies in response to every request that has been duly made under sub-paragraph (1).

(8) The registration officer shall supply a final copy of the list of proxies kept under article 10(3), updated to include any additions to those lists made in consequence of any applications granted in accordance with paragraph 6 of this Schedule, as soon as practicable after 5pm on the day of the poll, to every person who received that list in accordance with sub-paragraph 7(b).

(9) Any person who has obtained or is entitled to obtain a copy of information covered by sub-paragraph (1) may—

(a)supply a copy of the information to a processor for the purpose of processing the information contained in the information; or

(b)procure that a processor processes and supplies to them any copy of the information which the processor has obtained under this paragraph,

for use in respect of the purposes for which that person is entitled to obtain such information.

(10) The provisions contained in paragraphs (2), (3) and (9) of regulation 92 of the 2001 Regulations shall be taken to apply to the supply and processing of information or lists supplied under this paragraph as they apply to the supply and processing of the full register.

(11) Any person is entitled to request that the registration officer make available for inspection a copy of any of the information specified in (a) and (b) of sub-paragraph (1).

(12) A request under sub-paragraph (11) shall be made in writing and shall specify—

(a)the information (or relevant parts of the information) requested;

(b)whether the request is made only in respect of the current lists or whether it includes a request for the inspection of any final list;

(c)who will be inspecting the information;

(d)the date on which he wishes to inspect the information; and

(e)whether he would prefer to inspect the information in a printed or data form.

(13) The registration officer shall make a copy of the information available for inspection under supervision as soon as practicable after the date of receipt of a request that has been duly made.

(14) Where inspection takes place by providing a copy of the information on a computer screen or otherwise in data form, the registration officer shall ensure that the manner in, and equipment on, which that copy is provided do not permit any person consulting that copy to—

(a)search it by electronic means by reference to the name of any person; or

(b)copy or transmit any part of that copy by electronic, or any other means.

(15) A person who inspects a copy of the information, whether a printed copy or in data form, may not—

(a)make copies of any part of it; nor

(b)record any particulars in it,

otherwise than by means of hand-written notes.

(16) Subject to any direction by the Secretary of State under section 52(1) of the 1983 Act, any duty on a registration officer to supply a copy or make information available for inspection under this paragraph, imposes only a duty to provide that information in the form in which he holds it.

(17) For the purposes of this paragraph—

(a)a “current copy” of records or lists is a copy of the records or lists as kept by the registration officer at 9am on the date it is supplied; and

(b)any period of days shall be calculated in accordance with paragraph 7.

(18) (a) The registration officer shall ensure that where he supplies or discloses information covered by sub-paragraph (1)(a) in accordance with this paragraph, he does not supply or disclose any record relating to a person specified in (b).

(b)The persons specified in this sub-paragraph are—

(i)a person who has an anonymous entry; and

(ii)the proxy of a person who has an anonymous entry.

(1)

“data form” means information which is in a form which is being capable of being processed by means of equipment operating automatically in response to instructions given for that purpose.

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