The Local Elections (Communities) (Wales) Rules 2021

• Citation: S.I. 2021/1460 (W.)
• Sections: 145

Section 1 Title and commencement

The title of these Rules is the Local Elections (Communities) (Wales) Rules 2021 and they come into force on 17 December 2021.

Section 2 Transitional provision

The coming into force of these Rules does not affect the conduct of an election of councillors to a community council if, in the event of the election being contested, the poll would take place before 5 May 2022.

Section 3 Interpretation

(1) In these Rules—

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

“ the Combination of Polls Regulations ” (“ Rheoliadau Cyfuno Pleidleisiau ”) means the Representation of the People (Combination of Polls) (England and Wales) Regulations 2004 ;

“ excluded day ” (“ diwrnod eithriedig ”) means a day that is—

a Saturday;

a Sunday;

Christmas Eve;

Christmas Day;

Good Friday;

a day that is a bank holiday in England and Wales under the Banking and Financial Dealings Act 1971 ;

a day appointed for public thanksgiving or mourning;

“ home address information ” (“ gwybodaeth am gyfeiriad cartref ”) in relation to a person nominated—

in Schedule 1, has the meaning given by rule 13(3) of that Schedule, and

in Schedule 2, has the meaning given by rule 13(3) of that Schedule.

(2) For the purposes of these Rules, an election is a “relevant election” if it is one of the following elections and the poll at the election is taken together with the poll at an election of councillors to a community council—

(a) a parliamentary election;

(b) an election of councillors to a county council or county borough council;

(c) a mayoral election, that is, an election conducted under the Local Authorities (Mayoral Elections) (England and Wales) Regulations 2007 ;

(d) a police and crime commissioner election, that is, an election of a police and crime commissioner in accordance with Chapter 6 of Part 1 of the Police Reform and Social Responsibility Act 2011 .

(3) In these Rules, unless otherwise indicated, the following words and expressions have the same meaning as in the 1983 Act (see sections 202(1) and 203(1) of that Act)—

“ anonymous entry ” (“ cofnod dienw ”);

“ disability ” (“ anabledd ”);

“ election court ” (“ llys etholiad ”);

“ election petition ” (“ deiseb etholiad ”);

“ elector ” (“ etholwr ”);

“ electoral area ” (“ ardal etholiadol ”);

“ list of proxies ” (“ rhestr dirprwyon ”);

“ postal voters list ” (“ rhestr pleidleiswyr post ”);

“ proper officer ” (“ swyddog priodol ”);

“ proxy postal voters list ” (“ rhestr pleidleiswyr post drwy ddirprwy ”);

“ record of anonymous entries ” (“ cofnod cofnodion dienw ”);

“ voter ” (“ pleidleisiwr ”).

Section 4 Conduct of elections to a community council

(1) Schedule 1 sets out the rules that apply to the conduct of an election of councillors to a community council where the poll at the election is not taken together with the poll at another election.

(2) References in the rules in Schedule 1 to the returning officer are references to the returning officer at the election of councillors to a community council.

(3) Schedule 2 sets out the rules that apply to the conduct of an election of councillors to a community council where the poll at the election is taken together with the poll at one or more relevant elections.

(4) References in the rules in Schedule 2 to the co-ordinating returning officer are references to the returning officer who, under regulation 4 of the Combination of Polls Regulations, is responsible for discharging functions specified in regulation 5 of those Regulations.

(5) References in the rules in Schedule 2 to the returning officer are references to the returning officer at the election of councillors to a community council (whether or not that person is also the co-ordinating returning officer), unless a particular rule otherwise provides.

(6) Where a rule in Schedule 1 or 2 requires the returning officer to publish a document, the document must be published—

(a) online, and

(b) in such other way as the returning officer considers appropriate for bringing the contents of the document to the attention of the public.

(7) Where a rule in Schedule 1 or 2 requires or authorises a notice to be given, the notice may be—

(a) sent by post,

(b) sent electronically, or

(c) delivered personally.

Section 5 Filling of casual vacancies

(1) This rule applies where public notice of a casual vacancy in the office of community councillor is given in accordance with section 87(2) of the Local Government Act 1972.

(2) A request for an election to fill the vacancy may be made before the end of the period of 14 days beginning the day after public notice of the vacancy is given.

(3) Any such request must be made by ten electors to the proper officer of the council of the county or county borough in which the community is situated.

(4) The request may be made by—

(a) the ten electors providing the proper officer with one document containing the request, signed by each of them, or

(b) each of the ten electors providing the proper officer with a document containing the request and signed by that elector .

(5) Where a request is made, an election to fill the casual vacancy must be held unless the vacancy occurred during the councillor’s final six months (as to which see paragraph (12)).

(6) Where an election is required, it must be held on a day appointed by the returning officer, which must be before the end of the period of 60 days beginning with the day on which public notice of the vacancy is given.

(7) Where an election is not required—

(a) if the vacancy occurred during the councillor’s final six months, the community council may co-opt a person to fill the vacancy;

(b) otherwise, the community council must co-opt a person to fill the vacancy.

(8) Where the community council decides or is required to co-opt a person, this must be done as soon as practicable after the end of the period of 14 days beginning the day after public notice of the vacancy is given.

(9) Where a vacancy is not filled by an election or by co-opting a person, it must be filled at the next ordinary election of councillors for the community.

(10) In paragraph (3), “ elector ” means a person who, on the day on which the request is made, is registered in the register of local government electors for the electoral area in which the vacancy has occurred, other than a person who is not of voting age on that day or who has an anonymous entry.

(11) In calculating the period of 14 days mentioned in paragraphs (2) and (8), and the period of 60 days mentioned in paragraph (6), any day that is an excluded day is to be disregarded.

(12) References in this rule to a councillor’s final six months are to the period of six months ending with the expected day of the next ordinary election of councillors for the community.

Section 6 Modifications of the 1983 Act

(1) The provisions of the 1983 Act referred to in section 187(1) of that Act (provisions applying at certain local elections) apply to an election of community councillors with the modification that any reference to the proper officer of the authority is to be read as a reference to the returning officer.

(2) Section 136(2)(b) of the 1983 Act (amount of security of costs on election petition) applies to an election of community councillors with the modification that the reference to “£2,500” is to be read as a reference to “£1,500”.

Section 7 Form of election expenses

A declaration as to election expenses at an election of community councillors must be in the form in Schedule 3 to these Rules or a form to the like effect.

Section 1 Timetable

(1) The proceedings at the election must be conducted in accordance with the following timetable.

Timetable

Not later than the twenty-fifth day before the day of election

Notice of uncontested election

Notice of poll in contested election

(2) Paragraph (3) applies where—

(a) a nomination paper is sent electronically or submitted online in accordance with arrangements set out in the notice of election (see rule 3), or

(b) a notice of withdrawal of candidature under rule 12 is sent electronically.

(3) For the purpose of determining whether the paper or notice has been delivered in accordance with the timetable in paragraph (1), the paper or notice is to be treated as having been delivered at the time when its delivery is recorded on the computer system in use by the returning officer for receiving the paper or notice.

(4) In this rule, “ the day of election ” means the day specified in the notice of election as the day on which a poll would take place in the event of a contest.

Section 2 Computation of time

(1) An excluded day is to be disregarded in calculating any period set out in the second column of the timetable in rule 1.

(2) No proceedings under these rules up to the close of the poll may take place on an excluded day.

(3) The returning officer is not required to proceed with the counting of votes on an excluded day.

Section 3 Notice of election

(1) The returning officer must publish notice of the election.

(2) The notice must state—

(a) the number of councillors to be returned for each electoral area,

(b) the date of the poll in the event of a contest,

(c) the place where, and the times at which, forms of nomination paper may be obtained and information about how and when forms of nomination paper may be obtained online,

(d) the latest time for the delivery of nomination papers, and

(e) the place where nomination papers may be delivered and the times at which they may be delivered to that place.

(3) The notice must also state the date by which applications to vote by post or by proxy, and other applications and notices about postal or proxy voting, must reach the registration officer in order to be effective for the election.

(4) The returning officer must also include in the notice an electronic delivery statement.

(5) An electronic delivery statement is a statement that nomination papers may be delivered—

(a) by being sent electronically to an email address in accordance with arrangements set out in the statement,

(b) by submission online in accordance with arrangements set out in the statement, or

(c) either by being sent electronically as mentioned in sub-paragraph (a) or by submission online as mentioned in sub-paragraph (b).

Section 4 Duty of returning officer to supply forms of nomination etc.

(1) At the place and times for obtaining forms of nomination paper set out in the notice of election, the returning officer must—

(a) supply any person with as many forms of nomination paper as the person may require, and

(b) on request, prepare a nomination paper for signature.

(2) The returning officer must also make arrangements to ensure that forms of nomination paper may be obtained online in accordance with the information given in the notice of election.

(3) It is not, however, necessary for a nomination to be made on a form supplied by the returning officer or obtained online.

Section 5 Nomination of candidates

(1) A candidate must nominate themself using a nomination paper in the form in Appendix 1 or a form to the like effect.

(2) The nomination paper may be delivered either—

(a) at the place specified by the returning officer in the notice of election, or

(b) in accordance with the arrangements set out in the electronic delivery statement.

(3) The nomination paper must—

(a) state the candidate’s full names, with the surnames placed first,

(b) if the candidate wishes, include a description that complies with rule 6,

(c) include a statement of party membership that complies with rule 8, and

(d) include the declarations set out in the form in Appendix 1, signed by the candidate.

(4) If a candidate commonly uses forenames or surnames that are different in any respect from the forenames or surnames stated in accordance with paragraph (3)(a) (including where the difference is that the commonly used forenames or surnames are in a different order, include only some of the names or include additional names), the nomination paper may also state the commonly used forenames or surnames.

(5) The nomination paper must be signed by the candidate in the presence of a witness who must attest the signature.

(6) The nomination paper must be accompanied by a form (“a home address form”) that complies with rule 9.

Section 6 Nomination papers: descriptions

(1) This rule sets out requirements about the descriptions that may be included in a nomination paper as mentioned in rule 5(3)(b).

(2) The description may be either—

(a) a description that is likely to lead electors to associate the candidate with a registered political party or with two or more registered political parties and is permitted under paragraph (3) or (as the case may be) paragraph (4), or

(b) the word “Independent” or the word “Annibynnol”, or both those words.

(3) A description that is likely to lead electors to associate the candidate with a registered political party is permitted where—

(a) the party is a qualifying party,

(b) the description is either—

(i) the party’s registered name or, if the party has registered a name in English and a name in Welsh, either or both of those names, or

(ii) a registered description of the party or, in the case of a description that has been registered in both English and Welsh, either or both of those descriptions, and

(c) the use of the description by the candidate is authorised by a certificate issued by or on behalf of the registered nominating officer of the party and received by the returning officer before the last time for the delivery of nomination papers.

(4) A description that is likely to lead electors to associate the candidate with two or more registered political parties is permitted where—

(a) the parties are each qualifying parties,

(b) the description consists of the registered name of each of the parties shown in either or both of the versions described in paragraph (5), and

(c) the use of the description by the candidate is authorised by a certificate issued by or on behalf of the registered nominating officer of each of the parties and received by the returning officer before the last time for the delivery of nomination papers.

(5) The versions referred to in paragraph (4)(b) are—

(a) a version showing (in any order) the parties’ registered names, together with the addition of any appropriate conjunctions and punctuation in English (“the English version”);

(b) a version showing (in any order) the parties’ registered names, together with the addition of any appropriate conjunctions and punctuation in Welsh (“the Welsh version”).

(6) Where any of the parties has registered a name in English and a name in Welsh—

(a) the party’s registered name in English (and not the party’s registered name in Welsh) may be used in the English version, and

(b) the party’s registered name in Welsh (and not the party’s registered name in English) may be used in the Welsh version.

(7) See also rule 7 (which sets out when and how the word “Wales”, “Welsh”, “Cymru” or “Cymreig” may be added to descriptions permitted under paragraph (3) or (4)).

(8) A person is guilty of a corrupt practice if that person fraudulently purports to be authorised to issue a certificate under paragraph (3)(c) or (4)(c) on behalf of a registered political party’s nominating officer.

(9) In this rule—

(a) references to a registered name of a registered political party are to a name of the party registered under section 28 of the Political Parties, Elections and Referendums Act 2000 ;

(b) references to a registered description of a registered political party are to a description of the party registered under section 28A of that Act .

(10) For the purposes of the application of this rule in relation to an election—

(a) “ registered political party ” means a party that is registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 on the day that is two days before the last day for the delivery of nomination papers at the election (disregarding any excluded day);

(b) a registered political party is a qualifying party if, on that day, the party is registered in respect of Wales in the Great Britain register maintained under Part 2 of that Act.

Section 7 Addition of “Wales”, “Welsh”, “Cymru” or “Cymreig”

(1) This rule sets out when and how a candidate may make additions in a nomination paper to a description that the candidate is permitted to use under rule 6(3) or (4).

(2) Paragraph (3) applies where—

(a) a registered name is or forms part of a description that a candidate is permitted to use under rule 6(3), and

(b) the registered name includes none of the words “Wales”, “Welsh”, “Cymru” and “Cymreig”.

(3) The candidate may do one of the following—

(a) add the word “Wales” before the name;

(b) add the word “Welsh” before the name;

(c) add the word “Cymru” after the name;

(d) add the word “Cymreig” after the name.

(4) Paragraphs (5) and (6) apply where—

(a) a registered name forms part of a description that a candidate is permitted to use under rule 6(4), and

(b) the registered name includes none of the words “Wales”, “Welsh”, “Cymru” and “Cymreig”.

(5) If the registered name is in the English version of the description (whether or not it is also in the Welsh version), the candidate may add either the word “Wales” or the word “Welsh” before the name in that version.

(6) If the registered name is in the Welsh version of the description (whether or not it is also in the English version), the candidate may add either the word “Cymru” or the word “Cymreig” after the name in that version.

(7) Paragraph (8) applies where—

(a) a registered description is or forms part of a description that a candidate is permitted to use under rule 6(3), and

(b) the registered description includes none of the words “Wales”, “Welsh”, “Cymru” and “Cymreig”.

(8) The candidate may do one of the following—

(a) add the word “Wales” at the beginning of the registered description;

(b) add the word “Welsh” at the beginning of the registered description;

(c) add the word “Cymru” at the end of the registered description;

(d) add the word “Cymreig” at the end of the registered description.

(9) For the purposes of paragraphs (3)(a) and (b) and (5), where the word “ the ” (or any word in another language that has the same function as the word “the”) appears at the beginning of a registered name, it must be ignored.

(10) Where a candidate adds anything to a description in a nomination paper in accordance with this rule, references in the following provisions of this Schedule to the description are references to the description with the addition.

Section 8 Nomination papers: statements of party membership

(1) This rule sets out the requirements for statements of party membership that must be included in nomination papers as mentioned in rule 5(3)(c).

(2) The statement must state whether the candidate has been a member of any registered political party at any time during the relevant period.

(3) If the candidate has been a member of one or more registered political parties at any time during the relevant period, the statement must also include the following information in relation to the party or (as the case may be) each of the parties of which the candidate has been a member—

(a) the party’s registered name or, where the party has two registered names, the party’s registered names, and

(b) the dates during the relevant period when the candidate has been a member of the party.

(4) Paragraph (3) does not apply where—

(a) the nomination paper includes a description that is likely to lead electors to associate the candidate with a registered political party or with two or more registered political parties and is permitted under rule 6(3) or (as the case may be) rule 6(4), and

(b) the candidate has not at any time during the relevant period been a member of a registered political party other than the party or parties to which that description relates.

(5) A candidate who knowingly fails to include in the nomination paper a statement of party membership that complies with the requirements of this rule is guilty of a corrupt practice.

(6) In this rule—

(a) “ registered political party ” means a party that is registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 at any time during the relevant period when the candidate is a member;

(b) references to a registered name of a registered political party are to a name of the party registered under section 28 of that Act;

(c) “ the relevant period ” means the period of 12 months ending with the day on which the notice of election is published.

Section 9 Home address forms

(1) This rule sets out the requirements for home address forms that must accompany nomination papers under rule 5(6).

(2) A home address form must state—

(a) the candidate’s full names,

(b) the candidate’s home address in full,

(c) the candidate’s qualifying address or addresses, and

(d) the qualification to which each qualifying address relates.

(3) The candidate’s qualifying address or addresses, and the qualification to which each qualifying address relates, depend on which one or more of options (a) to (d) on the nomination paper have been selected by the candidate, as set out in the following table.

(4) If the candidate’s nomination paper includes commonly used forenames or surnames, the home address form must also state the commonly used names.

(5) The home address form must also state—

(a) the full names of the person who witnesses the candidate’s signature on the nomination paper, and

(b) that person’s home address in full.

(6) The home address form may contain a statement made and signed by the candidate that the candidate’s home address must not be made public.

(7) If the home address form contains such a statement, it must—

(a) where the candidate’s home address is in the United Kingdom, state the name of the relevant area (see paragraph (8));

(b) where the candidate’s home address is outside the United Kingdom, state the country in which it is situated.

(8) In this rule, “ relevant area ” means—

(a) where the candidate’s home address is in Wales—

(i) if the address is within a county, that county;

(ii) if the address is within a county borough, that county borough;

(b) where the candidate’s home address is in England—

(i) if the address is within a district for which there is a district council, that district;

(ii) if the address is within a county in which there are no districts with councils, that county;

(iii) if the address is within a London borough, that London borough;

(iv) if the address is within the City of London (including the Inner and Middle Temples), the City of London;

(v) if the address is within the Isles of Scilly, the Isles of Scilly;

(c) where the candidate’s home address is in Scotland, the local government area in which the address is situated;

(d) where the candidate’s home address is in Northern Ireland, the local government district in which it is situated.

Section 10 Decisions as to validity of nomination papers

(1) This rule applies where a nomination paper and the accompanying home address form are delivered in accordance with these rules.

(2) The candidate stands nominated unless and until one of the following events occurs—

(a) the returning officer decides that the nomination paper is invalid;

(b) the returning officer is satisfied that the candidate has died;

(c) the candidate withdraws.

(3) The returning officer is entitled to hold a nomination paper invalid only on one of the following grounds—

(a) that the particulars of the candidate are not as required by law;

(aa) that the nomination paper does not include the declarations required by rule 5(3)(d), signed by the candidate;

(b) that the candidate’s home address form does not comply with rule 9(2) to (6);

(c) where the candidate’s home address form contains a statement that the home address must not be made public, that the form does not comply with rule 9(7);

(d) that the nomination paper is not signed by the candidate, or that the candidate’s signature has not been attested, as required by rule 5(5).

(4) Subject to paragraph (5), the returning officer must, as soon as reasonably practicable after each nomination paper and home address form have been delivered, examine them and decide whether the candidate has been validly nominated.

(5) If in the opinion of the returning officer a description in a nomination paper has been included in breach of rule 6(3) or (4) or 7, the returning officer must give a decision that the candidate’s particulars are not as required by law—

(a) as soon as reasonably practicable after the delivery of the nomination paper, and

(b) in any event, before the end of the period of 24 hours beginning with the close of the period for delivery of nomination papers.

(6) Where the returning officer decides that a nomination paper is invalid, the returning officer must endorse on the paper the fact of the decision and the reasons for it and sign the endorsement.

(7) The returning officer must give a notice to each candidate stating the returning officer’s decision as to whether the candidate’s nomination paper is valid or invalid.

(8) The returning officer’s decision that a nomination paper is valid is final and may not be questioned in any proceedings.

(9) Except as provided by paragraph (8), nothing in this rule prevents the validity of a nomination being questioned on an election petition.

Section 11 Nomination in more than one electoral area

(1) A candidate who is validly nominated for more than one electoral area of the same community must withdraw from candidature in all those electoral areas except one.

(2) A candidate who does not withdraw as required by paragraph (1) is to be treated as having withdrawn from candidature in all the electoral areas in which the candidate was validly nominated.

Section 12 Withdrawal of candidates

(1) A candidate may withdraw from candidature by giving a notice of withdrawal to the returning officer.

(2) The notice of withdrawal must be signed by the candidate in the presence of a witness who must attest the candidate’s signature.

Section 13 Publication of statement of persons nominated

(1) The returning officer must prepare and publish a statement (a “statement of persons nominated”) showing—

(a) the persons who have been and stand nominated, and

(b) any other persons who have been nominated but no longer stand nominated, with the reason why they no longer stand nominated.

(2) The statement must show—

(a) the names and descriptions (if any) of the persons nominated, as given in their nomination papers,

(b) their home address information (see paragraph (3)), and

(c) the information contained in their statements of party membership, as given in their nomination papers.

(3) In these rules, references to the home address information of a person nominated are to the following information as given in the home address form accompanying the nomination paper—

(a) where the home address form contains a statement that the home address must not be made public, the information given in accordance with rule 9(7);

(b) where the home address form does not contain such a statement, the address of the person nominated.

(4) The statement must show the persons standing nominated arranged alphabetically in the order of their surnames, and if there are two or more of them with the same surnames, the statement must show those persons arranged alphabetically in the order of their other names.

(5) Rule 14 (use of commonly used names) and rule 15 (names that are the same or similar) make further provision about the content of the statement of persons nominated.

Section 14 Use of commonly used names in statement of persons nominated

(1) This rule applies where a person’s nomination paper gives commonly used forenames or surnames in accordance with rule 5(4).

(2) The statement of persons nominated must show the person’s commonly used forenames or surnames (instead of the forenames or surnames stated in the nomination paper in accordance with rule 5(3)(a)) unless the returning officer decides—

(a) that the use of the person’s commonly used forenames or surnames may be likely to mislead or confuse electors, or

(b) that the commonly used forenames or surnames are obscene or offensive.

(3) Where paragraph (2)(a) or (b) applies—

(a) the statement of persons nominated must show the person’s other forenames or surnames as stated in the nomination paper in accordance with rule 5(3)(a) (instead of the commonly used forenames or surnames), and

(b) the returning officer must give a notice to the candidate stating the reasons for refusing to allow the use of the commonly used forenames or surnames.

Section 15 Names that are the same or similar

(1) This rule applies where, in preparing a statement of persons nominated, the returning officer decides that—

(a) two or more of the names that would be shown on the statement are the same or so similar as to be likely to cause confusion,

(b) each of the persons concerned has made a statement that they require their home address not to be made public (see rule 9(6)), and

(c) the information given in accordance with rule 9(7) is the same for each of them.

(2) The returning officer may arrange for any of their particulars to be shown on the statement of persons nominated with such amendments or additions as the returning officer thinks appropriate to reduce the likelihood of confusion.

(3) In deciding whether to make amendments or additions under this rule, the returning officer must have regard to any guidance given by the Electoral Commission for the purposes of this rule.

(4) Where it is practicable to do so before the publication of the statement, the returning officer must consult any persons whose particulars are to be amended or added to under this rule.

(5) The returning officer must give a notice to any person whose particulars are amended or added to under this rule, setting out the amendments or additions.

(6) Anything done by a returning officer under this rule may not be questioned in any proceedings other than proceedings on an election petition.

Section 16 Correction of minor errors in a nomination paper or home address form

(1) A returning officer may, at any time before the publication of the statement of persons nominated, correct minor errors in a nomination paper or home address form.

(2) Errors which may be corrected include—

(a) errors as to a person’s electoral number;

(b) obvious errors of spelling;

(c) errors as to the information given in accordance with rule 9(7) (information that must be included where the candidate has stated that the home address must not be made public).

(3) Anything done by a returning officer in pursuance of this rule may not be questioned in any proceedings other than proceedings on an election petition.

(4) In deciding whether to correct minor errors under this rule, a returning officer must have regard to any guidance given by the Electoral Commission for the purposes of this rule.

Section 17 Inspection of nomination papers

(1) During the time for inspection, any person may inspect nomination papers that have been delivered.

(2) In paragraph (1), “ the time for inspection ” means ordinary office hours on any day after the last day for the delivery of nomination papers and before the day of the poll, other than an excluded day.

(3) A person inspecting nomination papers may take a copy of, or make extracts from, the papers.

Section 18 Inspection of home address forms

(1) During the time for inspection, the home address form of a candidate standing nominated may be inspected by any of the following who wish to inspect it—

(a) another candidate standing nominated in the same electoral area;

(b) the election agent (if appointed) of another candidate standing nominated in that area;

(c) in the case of another candidate standing nominated in that area who has not appointed an election agent, another person selected by that candidate.

(2) In paragraph (1), “ the time for inspection ” means ordinary office hours on any day after the last day for the delivery of nomination papers and before the day of the poll, other than an excluded day.

(3) A candidate or other person carrying out an inspection under this rule must not take a copy of, or make extracts from, a home address form.

(4) The returning officer must not permit a home address form to be inspected otherwise than in accordance with this rule or for some other purpose authorised by law.

Section 19 Adjournment of nomination proceedings in the case of riot

(1) This rule applies if proceedings for, or in connection with, nomination are interrupted or obstructed on any day by riot or open violence.

(2) The proceedings must be abandoned for that day.

(3) If the day on which the proceedings are abandoned is the last day for the delivery of nomination papers, the proceedings must be resumed on the next day.

(4) Where paragraph (3) requires proceedings to be resumed on the next day, the deadlines specified in the second column of the timetable in rule 1 for the delivery of nomination papers, the delivery of notices of withdrawals of candidature and the publication of the statement as to persons nominated are each extended by one day.

(5) Where proceedings are abandoned under this rule—

(a) nothing may be done after the proceedings are resumed if the time for doing it had passed when the proceedings were abandoned, and

(b) nothing done before the proceedings were abandoned is invalidated by reason of the abandonment.

Section 20 Decision as to whether election contested and declaration of result if uncontested

(1) The returning officer must determine whether the number of persons remaining validly nominated for the electoral area after any withdrawals under rule 12 exceeds the number of councillors to be elected.

(2) If the number of persons remaining validly nominated does not exceed the number of councillors to be elected, the returning officer must declare the person or persons standing validly nominated to be elected.

(3) The returning officer must also—

(a) give a notice stating the names and addresses of those declared to be elected—

(i) to the proper officer of the community council, and

(ii) to the proper officer of the council of the county or county borough in which the community is situated, and

(b) publish their names.

(4) If the number of persons remaining validly nominated exceeds the number of councillors to be elected, a poll must be taken in accordance with Part 3.

Section 21 Poll to be taken by ballot

(1) The votes at the poll must be given by ballot.

(2) The result must be ascertained in accordance with Part 4 (counting of votes).

Section 22 The ballot papers

(1) The ballot of every voter must consist of a ballot paper.

(2) The only persons entitled to have their names inserted on the ballot paper are those remaining validly nominated for the electoral area after any withdrawals under rule 12.

(3) A ballot paper must be—

(a) in the form in Appendix 2, and

(b) printed in accordance with the directions in that Appendix.

(4) The ballot paper must—

(a) contain the names and descriptions (if any) of the candidates and their home address information, as shown in the statement of persons nominated,

(b) be capable of being folded up, and

(c) have a number and other unique identifying mark printed on the back.

(5) At the request of a candidate who is authorised under rule 6(3)(c) to use a description likely to lead electors to associate the candidate with a registered political party, the ballot paper must contain, against the candidate’s particulars, one registered emblem of the party.

(6) At the request of a candidate who is authorised under rule 6(4)(c) to use a description likely to lead electors to associate the candidate with two or more registered political parties, the ballot paper must contain, against the candidate’s particulars, one registered emblem of one of the parties.

(7) The candidate’s request under paragraph (5) or (6) must be—

(a) made in writing to the returning officer, and

(b) received by the returning officer before the last time for the delivery of nomination papers as set out in the timetable in rule 1.

(8) The order of the names in the ballot paper must be the same as in the statement of persons nominated.

Section 23 Corresponding number list

(1) The returning officer must prepare a list (“the corresponding number list”) in accordance with this rule.

(2) The corresponding number list must be in two parts.

(3) Part 1 must contain the numbers and unique identifying marks of all ballot papers to be issued in pursuance of rule 28(1) (postal ballot papers).

(4) Part 2 must contain the numbers (but not the unique identifying marks) of all ballot papers to be provided in pursuance of rule 32(1) (provision of ballot boxes and ballot papers at polling stations).

(5) The corresponding number list must be in the form set out in Appendix 3 or a form to the like effect.

Section 24 The official mark

(1) Each ballot paper must contain an appropriate security marking (“the official mark”).

(2) The official mark must be kept secret.

(3) An interval of not less than five years must intervene between the use of the same official mark at elections for the same community.

(4) The returning officer may use a different official mark for different purposes at the same election.

Section 25 Prohibition of disclosure of vote

A person who has voted at the election may not be required to state for whom they voted in any legal proceedings to question the election.

Section 26 Use of schools and public rooms

(1) The returning officer may use any of the following rooms free of charge for the purpose of taking the poll or counting the votes—

(a) a room in a school maintained or assisted by a county or county borough council;

(b) a room in a school in respect of which grants are made out of money provided by Senedd Cymru to the person or body responsible for the management of the school;

(c) any other room if the expense of maintaining the room is payable wholly or mainly out of public funds.

(2) Where a room described in paragraph (1) is used for the purpose of taking the poll or counting the votes, the returning officer must—

(a) make good any damage to the room resulting from its use for that purpose, and

defray any expense incurred by the person or body having control over the room by reason of its use for that purpose.

Section 27 Notice of poll

(1) The returning officer must publish notice of the poll stating—

(a) the day and hours fixed for the poll,

(b) the number of councillors to be elected for the electoral area, and

(c) the names and descriptions (if any) of each candidate remaining validly nominated and their home address information.

(2) The candidates’ particulars, and the order of the candidates’ names, must be the same as in the statement of persons nominated.

(3) The returning officer must, before or at the same time as publishing notice of the poll, also publish notice of—

(a) the situation of each polling station, and

(b) the description of voters entitled to vote there.

(4) The returning officer must, as soon as practicable after publishing notice under paragraph (3), give a copy of it to each of the candidates or to their election agents (if appointed).

Section 28 Postal ballot papers

(1) The returning officer must, in accordance with regulations under the 1983 Act , issue to those entitled to vote by post—

(a) a ballot paper,

(b) a postal voting statement in the form set out in Appendix 4 or a form to the like effect, and

(c) such envelopes for the return of the ballot paper and postal voting statement as may be prescribed by regulations under the 1983 Act.

(2) The returning officer must also issue to those entitled to vote by post such information as the returning officer considers appropriate about how to obtain—

(a) translations into languages other than English and Welsh of any directions to or guidance for voters sent with the ballot paper,

(b) a translation into Braille of such directions or guidance,

(c) graphical representations of such directions or guidance, and

(d) the directions or guidance in any other form (including any audible form).

(3) The postal voting statement must include provision—

(a) for the form to be signed by the elector or, where the elector is voting by proxy, the proxy, unless the registration officer has dispensed with the requirement for a signature, and

(b) for stating the date of birth of the elector or, where the elector is voting by proxy, the proxy.

(4) In the case of a ballot paper issued to a person at an address in the United Kingdom, the returning officer must ensure that the return of the ballot paper and postal voting statement is free of charge to the voter.

Section 29 Provision of polling stations

(1) The returning officer must—

(a) provide a sufficient number of polling stations, and

(b) allot the electors to the polling stations.

(2) One or more polling stations may be provided in the same room.

(3) The returning officer must provide each polling station with such number of compartments as may be necessary in which voters can mark their votes screened from observation.

Section 30 Appointment of presiding officers and clerks

(1) The returning officer must appoint and pay—

(a) a presiding officer to attend at each polling station, and

(b) such number of clerks as may be necessary for the purposes of the poll or the count or otherwise for the purposes of the election.

(2) The returning officer must not knowingly appoint, as a presiding officer or clerk, a person who has been employed by or on behalf of a candidate in connection with the election.

(3) The returning officer may preside at a polling station.

(4) Where the returning officer presides at a polling station, these rules apply to the returning officer so presiding with the necessary modifications as to things done by the returning officer in relation to the presiding officer or by the presiding officer in relation to the returning officer.

(5) A presiding officer may authorise the clerks to do anything (including asking questions) that the presiding officer is required or authorised by these rules to do ..., except ordering the exclusion or removal of any person from the polling station.

Section 31 Issue of official poll cards

(1) The community council may, not later than 4 p.m. on the nineteenth day before the day of election, request the returning officer to issue poll cards for the election.

(2) The returning officer must, as soon as practicable after receiving the request, send or deliver—

(a) an official poll card to electors not voting by post,

(b) an official postal poll card to electors voting by post and not by proxy,

(c) an official proxy poll card to a person voting as proxy for an elector and not by post, and

(d) an official proxy postal poll card to a person voting as proxy for an elector by post.

(3) In the case of an elector with an anonymous entry, the returning officer must issue the appropriate poll card whether or not the council has requested the issue of poll cards under paragraph (1).

(4) An official poll card or an official postal poll card must be sent or delivered to the elector’s qualifying address.

(5) An official proxy poll card or an official proxy postal poll card must be sent or delivered to the proxy’s address, as shown in the list of proxies.

(6) Each poll card must be in the appropriate form in Appendix 5 or a form to the like effect and must set out—

(a) the name of the council to which councillors are to be elected,

(b) the electoral area for which councillors are to be elected,

(c) the number of councillors to be elected for that electoral area,

(d) the elector’s name, qualifying address and number on the register,

(e) the date and hours of the poll and the situation of the elector’s polling station, and

(f) such other information as the returning officer considers appropriate.

(7) Different information may be provided under paragraph (6)(f) to different electors or descriptions of elector.

(8) In the case of an elector with an anonymous entry, the poll card—

(a) must contain such information as is specified in the appropriate form in Appendix 5 instead of the information set out in paragraph (6)(d), and

(b) must be sent or delivered in an envelope or other form of covering so as not to disclose that the elector has an anonymous entry.

(9) In this rule—

(a) “ elector ” means a person who is registered in the register of local government electors for the electoral area in question on the last day for the publication of notice of the election, except that it includes a person then shown in the register (or, in the case of a person with an anonymous entry in the register, in the record of anonymous entries) as below voting age only if it appears from the register (or the record of anonymous entries) that the person will be of voting age on the day fixed for the poll;

(b) “ qualifying address ” has the same meaning as in the 1983 Act (see section 202(1) of that Act ).

Section 32 Equipment of polling stations

(1) The returning officer must provide each presiding officer with such number of ballot boxes and ballot papers as the returning officer considers necessary.

(2) Each ballot box must be constructed so that ballot papers can be put in it, but cannot be withdrawn from it, without the box being unlocked or, where the box has no lock, without the seal being broken.

(3) The returning officer must provide each polling station with—

(a) materials to enable voters to mark the ballot papers,

(b) copies of the relevant register of electors,

(c) copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act so far as relating to the relevant register of electors,

(d) copies of the parts of any lists of persons entitled to vote by post or by proxy that correspond to the relevant register of electors, and

(e) a list (“the polling station’s corresponding number list”) consisting of that part of Part 2 of the corresponding number list prepared under rule 23 that contains the numbers, but not the other unique identifying marks, corresponding to those on the ballot papers provided to the presiding officer under paragraph (1).

(4) In paragraph (3), “ the relevant register of electors ” means the register of electors for the electoral area or such part of it as contains the entries relating to the electors allotted to the polling station.

(5) The returning officer must cause to be displayed at each polling station an enlarged sample copy of the ballot paper.

(6) The returning officer must also provide each polling station with—

(a) an enlarged hand-held sample copy of the ballot paper for the assistance of voters who are partially-sighted, and

(b) a device for enabling voters who are blind or partially-sighted to vote without any need for assistance from the presiding officer or a companion (see rules 43 to 45 for the assistance that may be obtained from the presiding officer or a companion).

(7) The sample copy of the ballot paper required to be displayed and provided by paragraphs (5) and (6)(a) must be clearly marked as specimen and provided only for the guidance of voters.

(8) The device referred to in paragraph (6)(b) must—

(a) allow a ballot paper to be inserted into and removed from, or attached to and detached from, the device easily and without damage to the paper,

(b) hold the ballot paper firmly in place during use, and

(c) provide a suitable means for the voter to—

(i) identify the spaces on the ballot paper on which votes may be marked,

(ii) identify the candidate to which each space refers, and

(iii) mark their vote on the space chosen.

(9) The returning officer must also cause a notice in the form in Appendix 6, giving directions for the guidance of voters in voting, to be displayed—

(a) inside each polling station (but outside the voting compartments), and

(b) outside each polling station.

(10) The returning officer may also provide copies of the notice in Braille or in such languages other than English and Welsh as the returning officer considers appropriate.

(11) A notice containing the following information must be exhibited inside each voting compartment in each polling station—

(a) where only one councillor is to be elected, an instruction to the voter to vote only once by putting a cross [X] in the box next to their choice;

(b) where more than one councillor is to be elected, an instruction to the voter to vote for no more than the number to be elected by putting a cross [X] in the box next to each of their choices;

(c) a warning to the voter to put no other mark on the ballot paper or their vote may not count.

Section 33 Appointment of polling and counting agents

(1) A candidate may, before the poll begins, appoint—

(a) polling agents to attend at polling stations for the purpose of detecting personation, and

(b) counting agents to attend at the counting of votes.

(2) The same person may be appointed as a polling agent or counting agent by more than one candidate.

(3) The maximum number of polling agents who may attend a polling station is four or such greater number as the returning officer may by notice permit.

(4) If the number of polling agents appointed to attend at a particular polling station exceeds four (or any greater number that the returning officer has by notice permitted)—

(a) the returning officer must decide which agents are permitted to attend by lot, and

(b) only the agents on whom the lot falls are to be treated as having been appointed.

(5) The returning officer may impose a limit on the number of counting agents who may be appointed by each candidate but the limit—

(a) must be the same for all the candidates, and

(b) unless there are special circumstances, must not be less than the number obtained by dividing the number of clerks employed at the count by the number of candidates (ignoring any remainder).

(6) For the purposes of the calculations required by paragraph (5), a counting agent who has been appointed for more than one candidate is a separate agent for each of the candidates by whom they have been appointed.

(7) The candidate must give a notice to the returning officer where polling agents or counting agents are appointed.

(8) The notice must—

(a) give the names and addresses of the persons appointed, and

(b) be given no later than the fifth day before the day of the poll, disregarding any excluded day.

(9) If a polling agent or counting agent dies or becomes incapable of acting, the candidate—

(a) may appoint another agent instead, and

(b) must immediately give the returning officer a notice stating the other agent’s name and address.

Section 34 Polling and counting agents: supplemental provision

(1) A candidate or the candidate’s election agent (if appointed) may—

(a) do anything that the candidate’s polling or counting agent is authorised to do (or would, if appointed, have been authorised to do);

(b) assist the candidate’s polling or counting agent to do anything that the polling or counting agent is authorised to do.

(2) Anything required or authorised by these rules to be done in the presence of the polling or counting agents may be done instead in the presence of the candidate’s election agent (if appointed).

(3) Where these rules require or authorise something to be done in the presence of the polling or counting agents, the non-attendance of the agent or agents at the time and place appointed does not invalidate the thing done.

(4) Where a candidate does not have a counting agent, the returning officer may give the candidate any notice that is required by these rules to be given to the counting agent.

Section 35 Notification of requirement of secrecy

(1) The returning officer must make arrangements to ensure that every person attending at a polling station, other than a person described in paragraph (2)(a) to (d), has been given a notice setting out the provisions of section 66(1), (3) and (6) of the 1983 Act .

(2) The persons to whom the duty under paragraph (1) does not apply are—

(a) a person attending the polling station for the purpose of voting;

(b) a person under the age of 16 who accompanies a voter to the polling station;

(c) a person attending the polling station as the companion of a voter with disabilities;

(d) a person attending the polling station as a constable on duty.

(3) In this rule, a reference to a constable includes a person designated as a community support officer or community support volunteer under section 38 of the Police Reform Act 2002 (police powers for civilian staff and volunteers).

Section 36 Return of postal ballot papers

(1) Where a postal vote has been returned in respect of a person who is entered on the postal voters list, the returning officer must mark the list in the manner prescribed by regulations under the 1983 Act.

(2) Where a proxy postal vote has been returned in respect of a proxy who is entered on the proxy postal voters list, the returning officer must mark the list in the manner prescribed by regulations under that Act.

(3) Rule 54(8) does not apply for the purpose of deciding whether, for the purposes of this rule, a postal vote or a proxy postal vote is returned.

Section 37 Admission to polling station

(1) The presiding officer must exclude all persons from the polling station except—

(a) voters allotted to the polling station,

(b) persons under the age of 16 who accompany voters to the polling station,

(c) the candidates and their election agents (if appointed),

(d) the polling agents appointed to attend at the polling station,

(e) the clerks appointed to attend at the polling station,

(f) the returning officer or members of the returning officer’s staff,

(g) persons who are entitled to attend by virtue of any of sections 6A to 6D of the Political Parties, Elections and Referendums Act 2000 (representatives of the Electoral Commission and accredited observers),

(h) the constables on duty, and

(i) the companions of voters with disabilities.

(2) The presiding officer must regulate the total number of voters and persons under the age of 16 who accompany them who are admitted to the polling station at the same time.

(3) Only one polling agent may be admitted at the same time to a polling station on behalf of the same candidate.

(4) A constable voting in person may do so either—

(a) at the polling station allotted under these rules, or

(b) at another polling station, if the constable produces and surrenders a certificate in the form in Appendix 7 or a form to the like effect, signed by an officer of police of or above the rank of inspector.

(5) A person employed by the returning officer, if voting in person, may do so either—

(a) at the polling station allotted under these rules, or

(b) at another polling station, if the person produces and surrenders a certificate in the form in Appendix 7 or a form to the like effect, signed by the returning officer.

(6) A certificate surrendered under paragraph (4) or (5) must immediately be cancelled.

(7) In this rule, a reference to a constable includes a reference to a person designated as a community support officer or community support volunteer under section 38 of the Police Reform Act 2002 (police powers for civilian staff and volunteers).

Section 38 Keeping of order in station

(1) The presiding officer must keep order at the polling station.

(2) If a person engages in misconduct in a polling station, or fails to obey any orders lawfully given by the presiding officer, the presiding officer may order that the person be removed from the polling station.

(3) Where the presiding officer orders that a person be removed, the person may be removed immediately—

(a) by a constable in or near the polling station, or

(b) by any other person authorised in writing by the returning officer to remove people from the polling station.

(4) Where a person is removed, the person must not, without the presiding officer’s permission, re-enter the polling station on the day of the poll.

(5) Where a person who is removed is charged with the commission of an offence in the polling station, the person may be dealt with as a person taken into custody by a constable for an offence without a warrant.

(6) The powers conferred by this rule must not be exercised so as to prevent a voter who is otherwise entitled to vote at a polling station from having an opportunity of voting at that station.

Section 39 Sealing of ballot boxes

(1) The presiding officer must take the following steps immediately before the poll begins.

(2) The presiding officer must show the empty ballot box to those people (if any) who are present in the polling station, so that they may see that it is empty.

(3) The presiding officer must then—

(a) lock up the box, if it has a lock, and

(b) place the returning officer’s seal on it, in such a way as to prevent it being opened without breaking the seal.

(4) The presiding officer must then place the box, within the presiding officer’s view, for the receipt of ballot papers.

(5) The presiding officer must keep the box locked and sealed or (if it does not have a lock) keep it sealed.

Section 40 Questions that may be put to voters

(1) At the time of an application for a ballot paper (but not afterwards), the presiding officer may put to any person described in the first column of Table 1 (set out in paragraph (3)) or in the first column of Table 2 (set out in paragraph (4)), one or more of the questions set out in the corresponding entry in the second column.

(2) If required to do so by the candidate or the candidate’s election or polling agent, the presiding officer must put to any person described in the first column of Table 1 one or more of the questions set out in the corresponding entry in the second column.

(3) Table 1 sets out questions that a presiding officer may put under paragraph (1) and that a candidate (or the candidate’s election or polling agent) may require to be put under paragraph (2).

1(a) Are you the person registered in the register of local government electors for this election as follows?

Notes to 1(a)

The presiding officer must then read the whole entry from the copies of the registration records.

1(b) Have you already voted, in this or another ward, at the election of councillors for this community, otherwise than as proxy for some other person?

Notes to 1(b)

The words “, in this or another ward,” may be omitted if an election is taking place only in one ward or if there are no wards.

2(a) Are you the person whose name appears as AB in the list of proxies for this election as entitled to vote as proxy on behalf of CD?

2(b) Have you already voted, in this or another ward, at the election of councillors for this community, as proxy on behalf of CD?

2(c) Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of CD?

Notes to 2(a) to (c)

Where a question refers to AB, the presiding officer reads out the name as it appears in the list of proxies. Where a question refers to CD, the presiding officer reads out the name of the elector.

Note to 2(b)

The words “, in this or another ward,” may be omitted if an election is taking place only in one ward or if there are no wards.

3(a) Are you the person entitled to vote as proxy on behalf of the elector whose number on the register of electors is [x]?

3(b) Have you already voted as proxy on behalf of the elector whose number on the register of electors is [x]?

3(c) Are you the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild of the person whose number on the register of electors is [x]?

Note to 3(a) to (c)

Where the questions in this entry refer to [x], the presiding officer must read the elector’s number from the copies of the registration records.

4. Have you already voted, in this or another ward, at the election of councillors for this community, on behalf of two persons of whom you are not the spouse, civil partner, parent, grandparent, brother, sister, child or grandchild?

Note to 4

The words “, in this or another ward,” may be omitted if an election is taking place only in one ward or if there are no wards.

(4) Table 2 sets out the questions that a presiding officer may put under paragraph (1) (but cannot be required to put under paragraph (2)).

Table 2

1(a) Did you apply to vote by post?

1(b) Why have you not voted by post?

2(a) Did you apply to vote by post as proxy?

2(b) Why have you not voted by post as proxy?

(5) A ballot paper must not be given to any person required to answer one or more of the questions in Table 1 or 2 unless the person has answered the question or questions satisfactorily.

(6) Except as authorised by this rule, no inquiry is permitted as to the right of any person to vote.

(7) In this rule, “ the copies of the registration records ” means the copies provided by the returning officer for the polling station under rule 32(3)(b) and (c) (copies of the relevant register of electors and copies of any notices issued under section 13B(3B) or (3D) of the 1983 Act relating to the relevant register of electors).

Section 41 Challenge of voter

A person must not be prevented from voting by reason only that either or both of the following apply—

(a) a candidate, a candidate’s election agent (if appointed) or a candidate’s polling agent declares that they have reasonable cause to believe that the person has committed an offence of personation;

(b) the person is arrested on the grounds that they are suspected of committing or being about to commit an offence of personation.

Section 42 Voting procedure

(1) A ballot paper must be given to a voter who applies for one.

(2) Immediately before the ballot paper is given—

(a) the number of the elector, as stated in the copies of the registration records, must be called out,

(b) unless the elector has an anonymous entry, the name of the elector, as stated in the copies of the registration records, must also be called out,

(c) the number of the elector must be marked on the polling station’s corresponding number list beside the number of the ballot paper to be issued,

(d) a mark must be placed in the copies of the registration records against the number of the elector to note that a ballot paper has been received, but without showing the particular ballot paper that has been received, and

(e) in the case of a person applying for a ballot paper as proxy, a mark must also be placed against the person’s name in the list of proxies.

(3) In the case of an elector who has an anonymous entry—

(a) the ballot paper may be given only if the elector’s official poll card or, where the elector is voting by proxy, the proxy’s official poll card is shown to the presiding officer, and

(b) only the elector’s number may be called out.

(4) On receiving the ballot paper, the voter must go immediately into one of the compartments in the polling station.

(5) Without undue delay, the voter must then—

(a) secretly mark the ballot paper,

(b) fold the ballot paper up so as to conceal the vote,

(c) show the presiding officer the back of the ballot paper, so as to disclose the number and other unique identifying mark, and

(d) put the ballot paper into the ballot box in the presiding officer’s presence.

(6) As soon as the voter has put the ballot paper in the ballot box, the voter must leave the polling station.

(7) If a voter is in the polling station, or in a queue outside the polling station, at the close of the poll and has not yet been able to cast their vote, the presiding officer must permit the voter to cast their vote as soon as practicable.

(8) In this rule, “ the copies of the registration records ” has the same meaning as in rule 40 (see paragraph (7) of that rule).

Section 43 Voters with a disability or unable to read: marking of votes by presiding officer

(1) A voter may apply to the presiding officer for their vote to be marked if the voter—

(a) is unable, because of blindness or other disability, to vote in the manner directed by these rules, or

(b) declares orally that they are unable to read.

(2) Where an application is made, the presiding officer must, in the presence of any polling agents who are in the polling station when the application is made—

(a) cause the voter’s vote to be marked on a ballot paper in the manner directed by the voter, and

(b) cause the ballot paper to be placed in the ballot box.

(3) Where a voter’s vote is marked in pursuance of paragraph (2), the presiding officer must enter the following details on a list maintained by the presiding officer for the purposes of this rule (“the list of votes marked by the presiding officer”)—

(a) the name and number of the voter, as shown in the copies of the registration records, and

(b) the reason why the vote was marked.

(4) In the case of a person voting as proxy for an elector, the number to be entered together with the voter’s name in the list of votes marked by the presiding officer is the elector’s number.

(5) In this rule, “ the copies of the registration records ” has the same meaning as in rule 40 (see paragraph (7) of that rule).