These notes refer to the Welsh Elections (Coronavirus) Act 2021 (asc 2)
which received Royal Assent on 16 March 2021
43.
Subsection (4) makes an adjustment to paragraph 7 of Schedule 1 to the Conduct Order to allow emergency applications for proxy voting to be made where an elector or existing proxy finds they cannot reasonably be expected to vote in person because they are required to comply with an enactment relating to coronavirus or they are following guidance relating to coronavirus issued by the Welsh Ministers. Medical attestation for an application for an emergency proxy in these circumstances will not be required.
44.
Subsection (5) modifies Schedule 5 (Senedd election rules) to the Conduct Order to introduce flexibility into the process for the delivery of nomination papers and candidates’ consent to nomination in response to the challenges presented by the coronavirus pandemic. The delivery of nomination papers and consent to nominations is a physical rather than a virtual process. The modification provides more time in each day for the delivery of nomination papers (9.00am to 5.00pm instead of 10.00am to 4.00pm). In addition, nomination papers can be delivered on a candidate’s behalf by a person nominated by the candidate for that purpose by providing the person’s name and address to the returning officer in writing or electronically before or at the time the nomination paper is delivered.
45.
The final adjustment is in relation to candidates’ consent to nomination. Under the rules in Schedule 5 to the Conduct Order, there is no prescribed form for the consent to nomination, provided it is in writing, delivered to the Returning Officer in the specified time and attested by a witness. Where a candidate is overseas, it can be delivered by facsimile or other similar means – and notably without the requirement for attestation by a witness. For the 2021 election, the Act modifies the rules in Schedule 5 to enable candidates to deliver their respective consent to nomination in the time specified for delivery of nomination papers either in writing at the place for delivery of those papers or electronically to an electronic address for that purpose. There is no requirement for a candidate’s consent to nomination to be attested by a witness
Section 15 – Review: preparations for the holding of the poll
46.
This section requires the Welsh Ministers to carry out reviews on how preparations for the holding of the poll for the 2021 election are progressing. It also requires the Welsh Ministers to lay a statement before Senedd Cymru stating whether, based on that review, postponement of the election seems likely.
Section 16 – Interpretation
47.
This section provides the meaning of key terms used throughout the Act.
7
