The National Assembly for Wales (Representation of the People) Order 2003
UK Statutory Instrument 2003 No. 284 — creates 19 criminal offences.
- Made
- 28 February 2003
- In force from
- Not determined
- Extent
- Not stated
- Subject
- Elections and representation of the people
- Made under
- Government of Wales Act 1998
Explanatory note
(This note is not part of the Order) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.
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.
Offences created by this instrument
- Prosecutions for illegal practices article 120 · Status not determined · Strict liability
- A person who — a in any declaration or form used for any of the purposes of articles 8, 9, 11 or 12 makes a statement… article 13 · Status not determined · Requires proof of a state of mind
- Interference with notices etc article 145 · Status not determined · Strict liability
- For the purposes of this article a person who has applied for a ballot paper for the purpose of voting in person, or… article 29(1) · Status not determined · Strict liability
- A person shall be guilty of an offence if— a he votes in person or by post, whether as an elector or as proxy, or… article 29(2) · Status not determined · Requires proof of a state of mind
- A person shall be guilty of an offence if— a he votes as elector otherwise than by proxy either— i more than once in… article 29(4) · Status not determined · Requires proof of a state of mind
- A person shall be guilty of an offence if— a he votes as proxy for the same elector either— i more than once in the… article 29(5) · Status not determined · Requires proof of a state of mind
- A person shall also be guilty of an offence if he votes as proxy— a in the case of an ordinary election, at… article 29(6) · Status not determined · Strict liability
- A person shall also be guilty of an offence if he knowingly induces or procures some other person to do an act which… article 29(7) · Status not determined · Requires proof of a state of mind
- Breach of official duty article 30(1) · Status not determined · Strict liability
- Tampering with nomination papers, ballot papers etc article 31(1) · Status not determined · Requires proof of a state of mind
- Requirement of secrecy article 33(6) · Status not determined · Strict liability
- Prohibition on publication of exit polls article 34(2) · Status not determined · Strict liability
- Where any act or omission of an association or body of persons, corporate or unincorporate, is an offence declared to… article 44(7) · Status not determined · Strict liability
- Disturbances at Assembly election meetings article 69(3) · Status not determined · Strict liability
- Officials not to act for candidates article 70(1) · Status not determined · Strict liability
- Illegal canvassing by police officers article 71(2) · Status not determined · Strict liability
- Printer’s name and address on election publications article 75(3) · Status not determined · Strict liability
- Prohibition on accepting donations from impermissible donors paragraph 6(7) of SCHEDULE 6 · Status not determined · Strict liability
What Parliament said about it
Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.
- National Assembly For Wales (Representation Of The People) Order 2003 Lords · Lords Chamber · 24 February 2003
- Constitutional Law
Commons · Commons Chamber · 25 February 2003
That the draft National Assembly for Wales (Representation of the People) Order 2003, which was laid before this House on 30th January, be approved.— [Dan Norris.]
- Government of Wales Bill
Lords · Lords Chamber · 19 April 2006 · Lord Davies of Oldham
I was singularly unhelpful on the previous group of amendments so I hope to be a little more positive on this one. With regard to Amendment No. 16, we already provide for such publication in paragraph 17 of Schedule 6 to the National Assembly for Wales (Representation of the People) Order 2003. This kind of detail is normally included in secondary legislation. I know that the noble Lord, Lord Livsey, will look at this with the keenest of interest and, given that during discussion of the previous group of amendments I was upbraided for my limited perspective on the Scottish Parliament, he…
How Parliament handled it
Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.
Check the source
- This instrument on legislation.gov.uk The authoritative text, including amendments made since
- Other instruments from 2003