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Changes over time for: Senedd Cymru (Members and Elections) Act 2024

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Version Superseded: 24/08/2024

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Status:

Point in time view as at 25/06/2024. This version of this Act contains provisions that are not valid for this point in time. Help about Status

Changes to legislation:

Senedd Cymru (Members and Elections) Act 2024 is up to date with all changes known to be in force on or before 19 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

Legislation Crest

Senedd Cymru (Members and Elections) Act 2024

2024 asc 4

An Act of Senedd Cymru to make provision about Members of the Senedd and offices held by those Members; Senedd Cymru constituencies; returning and maintaining Senedd Cymru; the Local Democracy and Boundary Commission for Wales; and for connected purposes.

[24 June 2024]

Having been passed by Senedd Cymru and having received the assent of His Majesty, it is enacted as follows:

Valid from 24/08/2024

PART 1E+WTHE SENEDD AND WELSH MINISTERS

1Number of Members of the Senedd and Senedd constituenciesE+W

In section 1 (the Senedd) of the Government of Wales Act 2006 (c. 32) (“the 2006 Act”), for subsection (2) substitute—

(2)There are—

(a)16 Senedd constituencies, and

(b)six seats for each constituency, and

the Senedd is to consist of the members for those constituencies.

Commencement Information

I1S. 1 in force at 24.8.2024, see s. 25(2)(a)

2Senedd constituenciesE+W

(1)For section 2 (Senedd constituencies and electoral regions) of the 2006 Act substitute—

2Senedd constituencies

(1)The Senedd constituencies are the constituencies specified in regulations under section 49J of the Democracy and Boundary Commission Cymru etc. Act 2013 (anaw 4).

(2)Until the first set of regulations made under‍‍ that section takes effect, the reference in subsection (1) above to regulations under that section is to be read as a reference to regulations under paragraph 9 of Schedule 2 to the Senedd Cymru (Members and Elections) Act 2024 (asc 4).

(2)In section 13 of the Parliamentary Voting System and Constituencies Act 2011 (c. 1) (constituencies and electoral regions)—

(a)omit subsection (1);

(b)omit subsection (2)(a).

Commencement Information

I2S. 2 in force at 24.8.2024, see s. 25(2)(a)

Prospective

3Frequency of ordinary general electionsE+W

(1)In section 3(1) (ordinary general elections) of the 2006 Act, for “fifth” substitute “fourth”.

(2)In the Wales Act 2014 (c. 29), omit section 1 (frequency of ordinary general elections).

Commencement Information

I3S. 3 comes into force in accordance with s. 25(3)

Prospective

4Additional Deputy Presiding OfficerE+W

(1)In section 25 (Presiding Officer etc.) of the 2006 Act—

(a)in subsection (1)(b), for “(referred to in this Act as “the Deputy Presiding Officer”)” substitute “(see subsection (1B)(a))”;

(b)after subsection (1), insert—

(1A)The Senedd may at any time elect one additional deputy presiding officer from among the Members of the Senedd (but there may be no more than one additional deputy presiding officer at any time).

(1B)In this Act, “Deputy Presiding Officer” means, unless the context requires otherwise—

(a)the person elected under paragraph (b) of subsection (1);

(b)a person elected under subsection (1A),

but in section 23(4)(b) “Deputy Presiding Officer means only the person elected under paragraph (b) of subsection (1).;

(c)in subsection (2), for “is to be known as the Deputy Presiding Officer”, substitute “and a person elected under subsection (1A) are each to be known as Deputy Presiding Officer”;

(d)for subsection (4), substitute—

(4)A Deputy Presiding Officer holds office until the Senedd is dissolved; but the standing orders may make provision for a Deputy Presiding Officer elected under subsection (1A) to hold office for a shorter time.;

(e)in subsection (5), for “Deputy Presiding Officer” substitute “a Deputy Presiding Officer”;

(f)in subsection (6)—

(i)after “the Deputy Presiding Officer” insert “elected under paragraph (b) of subsection (1)”;

(ii)after “Members of the Senedd” insert “(and references in this section to a person elected under paragraph (a) or (b) of subsection (1) include a reference to a person elected under this subsection)”;

(g)in subsection (7), after “the Deputy Presiding Officer” insert “elected under paragraph (b) of subsection (1)”;

(h)after subsection (7), insert—

(7A)Subject to subsection (9), a Deputy Presiding Officer elected under subsection (1A) must not belong to—

(a)the same political group as either the Presiding Officer or Deputy Presiding Officer elected under paragraph (b) of subsection (1), or

(b)where the Presiding Officer and the Deputy Presiding Officer elected under paragraph (b) of subsection (1) both belong to political groups without an executive role, a political group without an executive role.;

(i)in subsection (9), for “subsection (7) is not to apply” substitute “one or both of subsections (7) and (7A) are not to apply”;

(j)in subsection (10), for “the Deputy Presiding Officer” substitute “a Deputy Presiding Officer”;

(k)in subsection (11), for “the Deputy Presiding Officer” substitute “a Deputy Presiding Officer”;

(l)in subsection (12), for paragraph (b), substitute—

(b)the office of Deputy Presiding Officer is vacant or, for any reason, no Deputy Presiding Officer is able to act.;

(m)in subsection (13), for “Deputy Presiding Officer” substitute “a Deputy Presiding Officer”.

(2)In section 20(3)(b) (remuneration of Members of the Senedd) of the 2006 Act, for “Deputy Presiding Officer” substitute “a Deputy Presiding Officer”.

(3)In section 41 (proceedings by or against the Senedd) of the 2006 Act—

(a)in subsection (2)(a), for “Deputy Presiding Officer”, substitute “a Deputy Presiding Officer”;

(b)in subsection (4)(b), for “Deputy Presiding Officer” substitute “a Deputy Presiding Officer”.

(4)In section 159 (index of defined expressions) of the 2006 Act, omit the entry for “the Deputy Presiding Officer”.

(5)In paragraph 16A(6) of Schedule 1 (chairing of the Llywydd’s Committee) to the Political Parties, Elections and Referendums Act 2000 (c. 41), for “the Deputy Presiding Officer” substitute “a Deputy Presiding Officer”.

(6)In section 28(2) (delegation of functions) of the Public Audit (Wales) Act 2013 (anaw 3), for “the Deputy Presiding Officer” substitute “a Deputy Presiding Officer”.

Commencement Information

I4S. 4 comes into force in accordance with s. 25(4)

Prospective

5Increase in maximum number of Welsh MinistersE+W

In section 51 (limit on number of Ministers) of the 2006 Act—

(a)in subsection (1), for “twelve” substitute “17”;

(b)after subsection (2) insert—

(3)The Welsh Ministers may by regulations amend subsection (1) to increase the maximum number of holders of a relevant Welsh Ministerial office—

(a)from 17 to 18 or 19;

(b)from 18 to 19.

(4)The power in subsection (3) may not be used to lower the maximum number (including by revoking regulations made under that subsection).

(5)A statutory instrument containing regulations under subsection (3) may not be made unless‍—

(a)a draft of the instrument has been laid before‍ the Senedd, and

(b)the number of Members of the Senedd voting in favour of a resolution of the Senedd approving the draft is at least two-thirds of the total number of Senedd seats.

Commencement Information

I5S. 5 comes into force in accordance with s. 25(4)

6Disqualification from being a Member of the Senedd or a candidateE+W

In Part 1 of Schedule 1A (disqualification) to the 2006 Act, after paragraph 7 insert—

Persons not registered in electoral register at an address in Wales

8A person who is not registered in the register of local government electors at an address within a Senedd constituency.

Commencement Information

I6S. 6 in force at 24.8.2024, see s. 25(2)(a)

7Review of possible job-sharing of offices relating to the SeneddE+W

(1)The Presiding Officer must table a motion that complies with subsection (2)—

(a)as soon as practicable after the first meeting of the Senedd following the first general election held after‍ 7 November 2025, and

(b)in any event, no later than six months after the first meeting of the Senedd following that election.

(2)The motion must propose that—

(a)the Senedd establish a committee for the purpose of carrying out a review of the extent to which—

(i)persons should be able to jointly hold any relevant office;

(ii)a person should be able to temporarily hold a relevant office while the person appointed or elected to that office is unavailable, and

(b)the committee prepare a report on the review, setting out its recommendations.

(3)In subsection (2)(a), “relevant office” means the office of—

(a)Member of the Senedd;

(b)Presiding Officer;

(c)Deputy Presiding Officer;

(d)member of the Senedd Commission (appointed in accordance with section 27 of the 2006 Act);

(e)First Minister;

(f)Welsh Minister (appointed under section 48 of the 2006 Act);

(g)Deputy Welsh Minister (appointed under section 50 of the 2006 Act);

(h)Counsel General.

(4)Subsection (5) applies if, following a review‍ of any of the matters mentioned in subsection (2)(a) by a committee established pursuant to a motion tabled in accordance with subsection (1), a report on the review is laid before the Senedd by the committee.

(5)If this subsection applies, the Welsh Ministers must lay before the Senedd a statement that—

(a)sets out the Welsh Ministers’ response to the report mentioned in subsection (4), and

(b)sets out what steps, if any, the Welsh Ministers intend to take in relation to any recommendations in the report.

Commencement Information

I7S. 7 in force at 24.8.2024, see s. 25(2)(a)

Valid from 24/08/2024

PART 2E+WVOTING SYSTEM AT SENEDD GENERAL ELECTIONS AND ALLOCATION OF SEATS

8General electionsE+W

For sections 6 to 9 of the 2006 Act (voting and seat allocation at general elections) substitute—

6Voting at general elections

(1)Each person entitled to vote at a general election in a Senedd constituency may give a vote for—

(a)a registered political party that has submitted a list of candidates to be Members of the Senedd for the constituency, or

(b)an individual who is a candidate (“an individual candidate”) to be a Member of the Senedd for the constituency.

(2)An order under section 13 must provide for the ballot paper used at a general election in a Senedd constituency to include the names of the candidates who stand nominated to be Members of the Senedd for the constituency.

(‍3)In this Act “registered political party” means a party registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 (c. ‍41).

7Candidates at general elections

(1)A registered political party may submit a list of candidates to be Members of the Senedd for a particular Senedd constituency at a general election.

(2)The list must be submitted to the constituency returning officer.

(3)The list must not include more than eight people (but may include only one).

(4)The list must not include a person—

(a)who is included on another list submitted under this section (whether for the constituency or another constituency);

(b)who is an individual candidate to be a Member of the Senedd (whether for the constituency or another constituency).

(5)A person may not be an individual candidate to be a Member of the Senedd for a constituency if that person is—

(a)included on a list submitted under this section (whether for the constituency or another constituency);

(b)an individual candidate to be a Member of the Senedd for another constituency.

(6)In this Act “constituency returning officer”, in relation to a Senedd constituency, means the person designated as the returning officer for the constituency in accordance with an order under section 13 (power of the Welsh Ministers to make provision about elections etc.).

8Calculation of seat allocation figures

(1)This section and section 9 are about the allocation, to registered political parties or individual candidates, of the seats for a Senedd constituency at a general election.

(2)For each registered political party by which a list of candidates has been submitted under section 7 (candidates at general elections) for the constituency—

(a)the votes given in the constituency for the party are to be added up, and

(b)the number arrived at under paragraph (a) is to be divided by the seat allocation divisor.

(3)On the first calculation for a party under subsection (2)(b), the seat allocation divisor for the party is one (section 9 makes provision about recalculations under that subsection with an increased divisor).

(4)For each individual candidate to be a Member of the Senedd for the constituency, the votes given in the constituency for the candidate are to be added up.

(5)The number arrived at—

(a)in the case of a registered political party, under subsection (2)(b), or

(b)in the case of an individual candidate, under subsection (4),

is referred to in section 9 as the “seat allocation figure” for that party or individual candidate.

9Allocation of seats

(1)The first seat for a Senedd constituency is to be allocated to the registered political party or individual candidate with the highest seat allocation figure.

(2)The second and subsequent seats for the constituency are to be allocated to the party or individual candidate with the highest seat allocation figure after any recalculation required by subsection (3) has been carried out.

(3)This subsection requires a recalculation of the seat allocation figure for a registered political party—

(a)for the first application of subsection (2), if the application of subsection (1) resulted in the allocation to the party of a seat for the constituency, or

(b)for any subsequent application of subsection (2), if the previous application of that subsection resulted in the allocation to the party of a seat for the constituency,

and each recalculation is to be carried out under section 8(2)(b) after adding one to the previous seat allocation divisor for that party.

(4)An individual candidate already allocated a seat as a Member of the Senedd for the constituency is to be disregarded when applying subsection (2).

(5)Seats for the constituency that are allocated to a party are to be filled by the candidates on the party’s list in the order in which they appear on the list.

(6)Once a party’s list has been exhausted (by the application of subsection (1) or (2)), the party is to be disregarded when applying subsection (2).

(7)If, on the application of subsection (1) or on an application of subsection (2), the highest seat allocation figure is the seat allocation figure for two or more parties or individual candidates (referred to in subsection (8) as the “tied seat allocation figure”), subsection (1) or (2) (as the case may be) applies to each of them.

(8)But if subsection (7) would mean that more than the full number of seats for the constituency were allocated, subsection (1) or (2) is not to be applied until—

(a)a recalculation of the seat allocation figure for any party with the tied seat allocation figure has been carried out under section 8(2)(b) after adding one to the number arrived at under section 8(2)(a), and

(b)one has been added to the number arrived at under section 8(4) for any individual candidate with the tied seat allocation figure.

(9)If, after that, the highest seat allocation figure is still the seat allocation figure for two or more parties or individual candidates (so it is still the case that more than the full number of seats for the constituency would be allocated), the constituency returning officer must decide between them by lots.

Commencement Information

I8S. 8 in force at 24.8.2024, see s. 25(2)(b)

9Vacant seatsE+W

(1)The 2006 Act is amended as follows.

(2)Omit section 10 (constituency vacancies).

(3)For section 11 (electoral region vacancies) substitute—

11Vacant seats

(1)This section makes provision about what is to happen if the seat of a Member of the Senedd becomes vacant.

(2)If the Member was an individual candidate when returned as a Member of the Senedd, the seat remains vacant until the next general election.

(3)If the Member was returned as a Member of the Senedd from a list submitted under section 7 by a registered political party, the constituency returning officer must notify to the Presiding Officer the name of the person (if any) who is to fill the vacancy.

(4)A person’s name may be notified under subsection (3) only if the person—

(a)is included on the list mentioned in subsection (3),

(b)is willing to serve as a Member of the Senedd, and

(c)is not a person to whom subsection (5) applies.

(5)This subsection applies to a person if—

(a)the person is not a member of the registered political party that submitted the list, and

(b)the party gives notice to the constituency returning officer that the person’s name is not to be notified to the Presiding Officer as the name of the person who is to fill the vacancy.

(6)But if there is more than one person who satisfies the conditions in subsection (4), the constituency returning officer may only notify the name of whichever of them was the higher, or the highest, on the list.

(7)If there is no-one who satisfies the conditions in subsection (4), the seat remains vacant until the next general election.

(8)A person whose name is notified under subsection (3) is to be treated as having been declared to be returned as a Member of the Senedd on the day on which notification of the person’s name is received by the Presiding Officer.

(9)For the purposes of this section, a person included on the list mentioned in subsection (3)—

(a)who was returned as a Member of the Senedd at the election for which the list was submitted (even if the return was void), or

(b)who was subsequently returned as a Member of the Senedd under this section (even if the return was void),

is treated on and after their return as not having been included on the list.

Commencement Information

I9S. 9 in force at 24.8.2024, see s. 25(2)(b)

10Related amendmentsE+W

(1)The 2006 Act is amended in accordance with subsections (2) to (8).

(2)In section 12 (entitlement to vote)—

(a)in subsection (1), omit “(or of a Member of the Senedd)”;

(b)in subsection (2)—

(i)in paragraph (a) for “constituency vote, or more than one electoral region vote,” substitute “vote”;

(ii)after paragraph (a) insert “or”;

(iii)omit paragraph (c), and the “or” before it.

(3)In section 13 (power of the Welsh Ministers to make provision about elections etc.)—

(a)in subsection (2)—

(i)omit paragraph (e) (but not the “and” after it);

(ii)in paragraph (f), for “region” substitute “constituency”;

(b)in subsection (3), for “11(3) to (5)” substitute “11(4) to (6)”.

(4)In section 13A (power of the Secretary of State to make provision about the combination of polls), in subsection (1)(b) omit “, and by-elections for the return of Members of the Senedd,”.

(5)In section 18 (effect of disqualification), in subsection (A1) omit “or an election to fill a vacancy under section 10”.

(6)In section 36 (integrity)—

(a)omit subsection (6);

(b)in subsection (11)(a) omit “(apart from those in subsection (6))”.

(7)In section 159 (index of defined expressions), omit the entries for the following expressions—

(a)“constituency vote”;

(b)“electoral region figure”;

(c)“electoral region vote”;

(d)“regional returning officer”;

(e)“Senedd constituency member”;

(f)“Senedd electoral region”;

(g)“Senedd regional member”.

(8)In the table in Part 2 of Schedule 1A (offices that disqualify the holder), in the entry for returning officers for Senedd elections, in the second column omit “or Senedd electoral region”.

(9)In section 7B(6) of the Representation of the People Act 1983 (c. 2) (notional residence: declarations of local connection)—

(a)in paragraph (a)(ii), omit “or National Assembly for Wales constituency”;

(b)in paragraph (b), omit “or section 10 of the Government of Wales Act 2006”.

(10)In the Political Parties, Elections and Referendums Act 2000 (c. 41)

(a)omit section 4A(8)(b)(ii) (devolved Welsh functions);

(b)omit section 5(2A)(c) (reports on by-elections) (but not the “or” after it);

(c)from the section 6ZA inserted by the Senedd and Elections (Wales) Act 2020 (anaw 1), omit subsection (2)(b) (reviews of devolved electoral matters in Wales);

(d)omit section 6A(5)(d) (attendance of representatives of Electoral Commission at elections);

(e)from the section 6G inserted by the Senedd and Elections (Wales) Act 2020 (code of practice on attendance of observers at devolved elections in Wales), omit subsection (2)(b);

(f)from the section 9AA inserted by the Senedd and Elections (Wales) Act 2020 (performance standards for devolved elections and referendums in Wales), omit subsection (6)(b)‍;

(g)in paragraph 25 of Schedule 1, in the sub-paragraph (2) inserted by the Senedd and Elections (Wales) Act 2020 (interpretation), from the definition of “devolved Welsh election” omit paragraph (b);

(h)in paragraph 6 of Schedule 9 (limits on campaign expenditure)—

(i)in sub-paragraph (1), omit “or regions”;

(ii)in sub-paragraph (2), omit paragraph (b) and the “plus” that precedes it.

(11)In section 44(7) of the Electoral Administration Act 2006 (c. 22) (electoral area in relation to an election to the Senedd), for paragraph (b) substitute—

(b)in relation to an election to Senedd Cymru, a Senedd constituency within the meaning of section 2 of the Government of Wales Act 2006 (Senedd constituencies);.

(12)In section 6(3) of the National Assembly for Wales Commissioner for Standards Measure 2009 (nawm 4) (functions of the Commissioner)—

(a)after paragraph (c) insert “and”;

(b)omit paragraph (e), and the “and” before it.

(13)In Schedule 1 to the National Assembly for Wales (Remuneration) Measure 2010 (nawm 4) (disqualification from membership of Independent Remuneration Board)—

(a)in paragraph (1)(d)—

(i)omit “regional”;

(ii)for “electoral region vacancies” substitute “vacant seats”;

(b)in paragraph 3 for “subsection (3)” substitute “subsection (4)”.

(14)In the Wales Act 2014 (c. 29), omit section 2 (amendments of Part 1 of the 2006 Act).

(15)In Schedule 1 to the Senedd and Elections (Wales) Act 2020 (anaw 1), in paragraph 2(8)(c) omit the entries for the following expressions—

(a)“Senedd constituency member”;

(b)“Senedd electoral region”;

(c)“Senedd regional member”.

Commencement Information

I10S. 10 in force at 24.8.2024, see s. 25(2)(b)

PART 3E+WDEMOCRACY AND BOUNDARY COMMISSION CYMRU

11Renaming the Local Government (Democracy) (Wales) Act 2013E+W

(1)The short title of the Local Government (Democracy) (Wales) Act 2013 (anaw 4) is changed to the Democracy and Boundary Commission Cymru etc. Act 2013.

(2)That Act is referred to in this Act as “the 2013 Act”.

(3)In section 76 of the 2013 Act (short title), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.‍

(4)Part 1 of Schedule 1 makes minor and consequential amendments relating to this section.

Commencement Information

I11S. 11 in force at 25.6.2024, see s. 25(1)(a)

12Renaming the Local Democracy and Boundary Commission for WalesE+W

(1)In section 2 of the 2013 Act (name and continuation of the Commission)—

(a)omit subsection (2);

(b)at the end insert—

(3)That body corporate (which was first renamed by subsection (2)) is renamed the Democracy and Boundary Commission Cymru (referred to in this Act as “the Commission).;

(c)in the heading, for “Local Democracy and Boundary Commission for Wales” substitute “Democracy and Boundary Commission Cymru”.‍

(2)Part 2 of Schedule 1 makes minor and consequential amendments relating to this section.

Commencement Information

I12S. 12 in force at 25.6.2024, see s. 25(1)(a)

13Number of members of the CommissionE+W

In section 4(1) of the 2013 Act (members of the Commission), for paragraph (c) substitute—

(c)at least 1 but no more than 7 other members.

Commencement Information

I13S. 13 in force at 25.6.2024, see s. 25(1)(a)

14Persons who may not be members or chief executive of the CommissionE+W

(1)In section 4(3) of the 2013 Act (persons who may not be appointed as members of the Commission)—

(a)for “The Welsh Ministers may not appoint a person who is” substitute “A member may not be”;

(b)for paragraph‍ (a) substitute—

(a)a member of a UK legislature;;

(c)for paragraph (b) substitute—

(ba)a‍ person engaged by a member of‍ a UK legislature, under a contract of service or a contract for services, in connection with the carrying out of the member’s functions;

(bb)a person engaged by a registered political party under a contract of service or a contract for services;

(bc)a special advise‍r;.

(2)In section 8(4) of that Act (persons who may not be appointed as chief executive)—

(a)for paragraph (a) substitute—

(a)a member of a UK legislature;;‍

(b)for paragraph (b) substitute—

(ba)a‍ person engaged by a member of‍ a UK legislature, under a contract of service or a contract for services, in connection with the carrying out of the member’s functions;

(bb)a person engaged by a registered political party under a contract of service or a contract for services;

(bc)a special advise‍r;.

(3)In section 72(1) of that Act (interpretation), at the appropriate places insert—

  • member of a UK legislature” means—

    (a)

    a Member of the Senedd;

    (b)

    a member of the House of Commons;

    (c)

    a member of the House of Lords;

    (d)

    a member of the Scottish Parliament;

    (e)

    a member of the Northern Ireland Assembly,;

  • “special adviser‍” means a special adviser within the meaning of—

    (a)

    Chapter 1 of Part 1 of the Constitutional Reform and Governance Act 2010 (c. 25), or

    (b)

    section 1 of the Civil Service (Special Advisers) Act (Northern Ireland) 2013 (c. 8 (N.I.)).

(4)In Schedule 3 to that Act (index of defined expressions), in table 2—

(a)after the entry for “mandatory consultees” insert—

Member of a UK legislature” (Aelod o un o ddeddfwrfeydd y DU)Section 72(1);

(b)after the entry for “qualifying public body” insert—

Registered political party (Plaid wleidyddol gofrestredig)Section 72(1);

(c)after the entry for “single member area” insert—

Special adviser (Cynghorydd arbennig)Section 72(1).

Commencement Information

I14S. 14 in force at 25.6.2024, see s. 25(1)(a)

15Quorum for meetings of the CommissionE+W

In section 6 of the 2013 Act (proceedings of the Commission), after subsection (1) insert—

(1A)The Welsh Ministers may by regulations amend subsection (1) to change the quorum, but may not change the quorum to a number which is lower than 3.

Commencement Information

I15S. 15 in force at 25.6.2024, see s. 25(1)(a)

16Assistant commissionersE+W

(1)In section 11 of the 2013 Act (assistant commissioners to whom functions relating to local government may be delegated)—

(a)for subsection (1) substitute—

(1)The Commission may appoint one or more persons (to be known as an “assistant commissioner) to whom the Commission may delegate functions in accordance with section 13(1).;

(b)in subsection (2)—

(i)for “But the Commission may not appoint a person who is” substitute “An assistant commissioner may not be”;

(ii)for paragraph‍ (a) substitute‍—

(a)a member of a UK legislature;;

(iii)for paragraph (b) substitute—

(ba)a‍ person engaged by a member of‍ a UK legislature, under a contract of service or a contract for services, in connection with the carrying out of the member’s functions;

(bb)a person engaged by a registered political party under a contract of service or a contract for services;

(bc)a special adviser‍;.

(2)In section 13(1) of that Act (delegation), for “an assistant commissioner” substitute “one or more assistant commissioners”.

(3)In the table in Part 2 of Schedule 1A to the 2006 Act (offices that disqualify the holder from being a Member of the Senedd or a candidate in an election to be a Member of the Senedd), after the entry for “Comptroller and Auditor General or Rheolwr ac Archwilydd Cyffredinol” insert—

‍Democracy and Boundary Commission Cymru or Comisiwn Democratiaeth a Ffiniau CymruThe members, assistant commissioners and chief executive of the Commission.

Commencement Information

I16S. 16 in force at 25.6.2024, see s. 25(1)(a)

PART 4E+WSENEDD CONSTITUENCY BOUNDARY REVIEWS

17Senedd constituencies for a general election held after 6 April 2026 and before regulations under section 49J of the 2013 Act take effectE+W

Schedule 2 makes provision about the Senedd constituencies for which Members of the Senedd will be elected at‍ a general election the poll for which is held after 6 April 2026 and before the first set of regulations made under section 49J of the 2013 Act takes effect; and in particular, about the functions of the Democracy and Boundary Commission Cymru in determining what those constituencies are to be.

Commencement Information

I17S. 17 in force at 25.6.2024, see s. 25(1)(b)

Valid from 24/08/2024

18Senedd constituencies for general elections held after regulations under section 49J of the 2013 Act take effectE+W

Schedule 3 inserts a new Part 3A into the 2013 Act; that Part makes provision about the functions of the Democracy and Boundary Commission Cymru in determining the Senedd constituencies for which Members of the Senedd will be elected at general elections the polls for which are held after‍ the first set of regulations made under section 49J of the 2013 Act takes effect.

Commencement Information

I18S. 18 in force at 24.8.2024, see s. 25(2)(c)

PART 5E+WREVIEW OF OPERATION OF ACT ETC. AND GENERAL PROVISIONS

Valid from 24/08/2024

Review of operation of Act etc.E+W

19Review of operation of Act etc. after 2026 general electionE+W

(1)The Presiding Officer must table a motion that complies with subsection (2)—

(a)as soon as practicable after the first meeting of the Senedd following the first general election held after 6 April 2026, and

(b)in any event, no later than six months after the first meeting of the Senedd following that election.

(2)The motion must propose that—

(a)the Senedd establish a committee for the purpose of carrying out a review of—

(i)the operation and effect of the provisions of the 2006 Act that are amended, or inserted into that Act, by Parts 1 and 2 of this Act (the Senedd and its Members, the number of Welsh Ministers, and the voting system in general elections etc.);

(ii)the extent to which the elements of a healthy democracy are present in Wales, and

(b)a report on the review must be completed by the committee no later than twelve months after the first meeting of the Senedd following the first general election held after 6 April 2026.

(3)Subsection (4) applies if, following a review of any of the matters mentioned in subsection (2)(a) by a committee established pursuant to a motion tabled in accordance with subsection (1), a report on the review is laid before the Senedd by the committee.

(4)If this subsection applies, the Welsh Ministers must lay before the Senedd a statement that sets out the Welsh Ministers’ response to the report mentioned in subsection (3).

Commencement Information

I19S. 19 in force at 24.8.2024, see s. 25(2)(d)

GeneralE+W

20Power to make consequential, transitional etc. provisionE+W

(1)If the Welsh Ministers consider it appropriate for the purposes of, in consequence of, or for giving full effect to any provision of this Act or made under this Act they may, by regulations, make—

(a)supplementary, incidental or consequential provision;

(b)transitional, transitory or saving provision.

(2)Regulations under subsection (1) may amend, repeal, revoke or modify this Act or any other enactment (whenever passed or made).

Commencement Information

I20S. 20 in force at 25.6.2024, see s. 25(1)(c)

Valid from 24/08/2024

21Power to set Senedd election campaign expenditure limits in connection with section 1 and Part 2E+W

(1)The Welsh Minsters may by regulations, in connection with section 1 and Part 2, amend paragraph 6 of Schedule 9 to the Political Parties, Elections and Referendums Act 2000 (c. 41) (limits on campaign expenditure) to set the limits applying to campaign expenditure incurred by or on behalf of a registered party that contests one or more constituencies at a general election.

(2)Regulations under subsection (1) may set limits by reference to either or both—

(a)the number of constituencies contested by a party at a general election;

(b)the number of candidates on a list submitted by a party under section 7 of the 2006 Act.

(3)Regulations under subsection (1) may make—

(a)supplementary, incidental or consequential provision;

(b)transitional, transitory or saving provision,

and such provision may amend, repeal, revoke or modify this Act or any other enactment (whenever passed or made).

(4)The Welsh Ministers may make regulations under subsection (1) only with the consent of the Electoral Commission.

(5)In this section, “campaign expenditure” and “registered party” have the same meaning as in paragraph 6 of Schedule 9 to the Political Parties, Elections and Referendums Act 2000.

Commencement Information

I21S. 21 in force at 24.8.2024, see s. 25(2)(e)

22Regulations under this ActE+W

(1)This section does not apply to regulations made under paragraph 9 of Schedule 2.

(2)A power to make regulations under this Act is exercisable by statutory instrument.

(3)A power to make regulations under this Act includes power to make‍ different provision for different purposes‍.‍

(4)A statutory instrument containing regulations‍—

(a)made under section 20 that amend, repeal or modify an enactment contained in primary legislation, or

(b)made under section 21,‍

may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, the Senedd.

(5)Any other statutory instrument containing regulations made under section 20 is subject to annulment in pursuance of a resolution of the Senedd.

(6)In this section, “primary legislation” means—

(a)an Act of Senedd Cymru;

(b)an Assembly Measure;

(c)an Act of the Parliament of the United Kingdom.

Commencement Information

I22S. 22 in force at 25.6.2024, see s. 25(1)(c)

23InterpretationE+W

In this Act—

  • the 2006 Act” (“Deddf 2006”) is to be interpreted in accordance with section 1;

  • the 2013 Act” (“Deddf 2013”) is to be interpreted in accordance with section 11(2);

  • general election” (“etholiad cyffredinol”) means an ordinary general election or an extraordinary general election held under Part 1 of the 2006 Act;

  • the Senedd” (“y Senedd”) means Senedd Cymru.

Commencement Information

I23S. 23 in force at 25.6.2024, see s. 25(1)(c)

24Transitional provision relating to Parts 1 and 2E+W

(1)Despite the coming into force, under section 25(2)(a) and (b), of the amendments made by sections 1 and 2 and Part 2, they do not have effect in relation to—

(a)a general election the poll for which is held on or before 6 April 2026;

(b)a Senedd returned at a general election the poll for which is held on or before 6 April 2026 (which includes the Senedd that passed the Bill for this Act);

(c)the return of a Member to a Senedd mentioned in paragraph (b) (at a general election or otherwise).

(2)Despite the coming into force, under section 25(2)(a), of the amendment made by section 6, it does not have effect in relation to a person who is a Member of, or a candidate (whether or not at a general election) to be a Member of, a Senedd mentioned in subsection (1)(b).

(3)If, under section 25(3), section 3 comes into force on the day after the day of the poll for an extraordinary general election, subsection (4) applies for the purposes of determining when the first ordinary general election that follows that extraordinary general election is to be held.

(4)If this subsection applies, section 3(1) of the 2006 Act is to be read as if for the words “the fourth calendar year following that in which the previous ordinary election was held” there were substituted “2030”.

Commencement Information

I24S. 24 in force at 25.6.2024, see s. 25(1)(c)

25Coming into forceE+W

(1)The following provisions come into force on the day after the day on which this Act receives Royal Assent—

(a)Part 3;

(b)section 17 and Schedule 2;

(c)this Part, other than‍ sections 19 and 21.

(2)The following provisions come into force at the end of the period of two months beginning with the day on which this Act receives Royal Assent—

(a)sections 1, 2, 6 and 7;

(b)Part 2;

(c)section 18 and Schedule 3;

(d)section 19‍;

(e)section 21.

(3)Section 3 comes into force on the day after the day of the poll for the first general election held after 7 November 2025.

(4)Sections‍ 4 and 5 come into force on the day after the day of the poll for the first general election held after 6 April 2026.

Commencement Information

I25S. 25 in force at 25.6.2024, see s. 25(1)(c)

26Short titleE+W

The short title of this Act is the Senedd Cymru (Members and Elections) Act 2024.

Commencement Information

I26S. 26 in force at 25.6.2024, see s. 25(1)(c)

(introduced by sections 11 and 12)

SCHEDULE 1E+WMINOR AND CONSEQUENTIAL AMENDMENTS RELATING TO PART 3

PART 1E+WAMENDMENTS RELATING TO CHANGE OF SHORT TITLE OF 2013 ACT

Local Government Act 1972 (c. 70)E+W

1(1)The Local Government Act 1972 is amended as follows.

(2)In section 25(2) (term of office and retirement of councillors), for “Local Government (Democracy) (Wales) Act 2013 (anaw 4)” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

(3)In section 30 (restriction on community applications during and after reviews)—

(a)in subsection (1)(ba), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”;

(b)in subsection (3), for “or Part 3 of the Local Government (Democracy) (Wales) Act 2013” substitute “under Part 3 of the Democracy and Boundary Commission Cymru etc. Act 2013”.

(4)In section 31(2) (provision supplementary to sections 27A to 27L), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

(5)In section 246(9) (preservation of powers, privileges and rights of existing cities or boroughs), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I27Sch. 1 para. 1 in force at 25.6.2024, see s. 25(1)(a)

Police Act 1996 (c. 16)E+W

2In section 1(2)(a) of the Police Act 1996 (police areas), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I28Sch. 1 para. 2 in force at 25.6.2024, see s. 25(1)(a)

Fire and Rescue Services Act 2004 (c. 21)E+W

3(1)The Fire and Rescue Services Act 2004 is amended as follows.

(2)In section 2 (power to create combined fire and rescue authorities)—

(a)in subsection (9)(c), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”;

(b)in subsection (10)(a), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

(3)In section 4(7)(b) (combined authorities under the Fire Services Act 1947), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I29Sch. 1 para. 3 in force at 25.6.2024, see s. 25(1)(a)

Police Reform and Social Responsibility Act 2011 (c. 13)E+W

4In section 72(3) of the Police Reform and Social Responsibility Act 2011 (amendment of police areas: term of office of commissioner), in paragraph (c) of the definition of “police area alteration order”, for “Local Government (Democracy) (Wales) Act 2013 (anaw 4)” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I30Sch. 1 para. 4 in force at 25.6.2024, see s. 25(1)(a)

The 2013 ActE+W

5(1)The 2013 Act is amended as follows.

(2)In section 43(1) (variation and revocation of orders), after “revoked” insert “by the Welsh Ministers, the Commission or, as the case may be, the principal council”.

(3)Omit section 74(1) and (2) (ongoing reviews and other savings).

Commencement Information

I31Sch. 1 para. 5 in force at 25.6.2024, see s. 25(1)(a)

Local Government (Wales) Act 2015 (anaw 6)E+W

6(1)The Local Government (Wales) Act 2015 is amended as follows.

(2)In section 1(2) (overview), omit paragraph (e).

(3)Omit section 43 (proposals submitted before commencement of Part 3 of 2013 Act).

Commencement Information

I32Sch. 1 para. 6 in force at 25.6.2024, see s. 25(1)(a)

Local Government and Elections (Wales) Act 2021 (asc 1)E+W

7(1)The Local Government and Elections (Wales) Act 2021 is amended as follows.

(2)In section 171(1) (interpretation), in the definition of “2013 Act”, for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

(3)In the italic heading before paragraph 14 of Schedule 1, for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I33Sch. 1 para. 7 in force at 25.6.2024, see s. 25(1)(a)

Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 (S.I. 2007/399 (W. 45))E+W

8In Schedule 1 to the Local Authorities (Executive Arrangements) (Functions and Responsibilities) (Wales) Regulations 2007 (functions not to be the responsibility of an authority’s executive), in Part G (power to promote or oppose private Bills), in the second column of the table, for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I34Sch. 1 para. 8 in force at 25.6.2024, see s. 25(1)(a)

City and County of Swansea (Electoral Arrangements) Order 2021 (S.I. 2021/1075 (W. 254))E+W

9In article 2 of the City and County of Swansea (Electoral Arrangements) Order 2021 (interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I35Sch. 1 para. 9 in force at 25.6.2024, see s. 25(1)(a)

County Borough of Rhondda Cynon Taf (Electoral Arrangements) Order 2021 (S.I. 2021/1080 (W. 255))E+W

10In article 2 of the County Borough of Rhondda Cynon Taf (Electoral Arrangements) Order 2021 (interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I36Sch. 1 para. 10 in force at 25.6.2024, see s. 25(1)(a)

County of Powys (Electoral Arrangements) Order 2021 (S.I. 2021/1081 (W. 256))E+W

11In article 2 of the County of Powys (Electoral Arrangements) Order 2021 (interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I37Sch. 1 para. 11 in force at 25.6.2024, see s. 25(1)(a)

County of Carmarthenshire (Electoral Arrangements) Order 2021 (S.I. 2021/1082 (W. 257))E+W

12In article 2 of the County of Carmarthenshire (Electoral Arrangements) Order 2021 (interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I38Sch. 1 para. 12 in force at 25.6.2024, see s. 25(1)(a)

County Borough of Bridgend (Electoral Arrangements) Order 2021 (S.I. 2021/1084 (W. 258))E+W

13In article 2 of the County Borough of Bridgend (Electoral Arrangements) Order 2021 (interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I39Sch. 1 para. 13 in force at 25.6.2024, see s. 25(1)(a)

County Borough of Merthyr Tydfil (Electoral Arrangements) Order 2021 (S.I. 2021/1111 (W. 266))E+W

14In article 1(4) of the County Borough of Merthyr Tydfil (Electoral Arrangements) Order 2021 (title, commencement and interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I40Sch. 1 para. 14 in force at 25.6.2024, see s. 25(1)(a)

County of the Isle of Anglesey (Electoral Arrangements) Order 2021 (S.I. 2021/1112 (W. 267))E+W

15In article 1(4) of the County of the Isle of Anglesey (Electoral Arrangements) Order 2021 (title, commencement and interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I41Sch. 1 para. 15 in force at 25.6.2024, see s. 25(1)(a)

County Borough of Wrexham (Electoral Arrangements) Order 2021 (S.I. 2021/1113 (W. 268))E+W

16In article 2 of the County Borough of Wrexham (Electoral Arrangements) Order 2021 (interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I42Sch. 1 para. 16 in force at 25.6.2024, see s. 25(1)(a)

County Borough of Neath Port Talbot (Electoral Arrangements) Order 2021 (S.I. 2021/1114 (W. 269))E+W

17In article 2 of the County Borough of Neath Port Talbot (Electoral Arrangements) Order (interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I43Sch. 1 para. 17 in force at 25.6.2024, see s. 25(1)(a)

County Borough of the Vale of Glamorgan (Electoral Arrangements) Order 2021 (S.I. 2021/1138 (W. 275))E+W

18In article 1(4) of the County Borough of the Vale of Glamorgan (Electoral Arrangements) Order 2021 (title, commencement and interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I44Sch. 1 para. 18 in force at 25.6.2024, see s. 25(1)(a)

County Borough of Torfaen (Electoral Arrangements) Order 2021 (S.I. 2021/1139 (W. 276))E+W

19In article 1(4) of the County Borough of Torfaen (Electoral Arrangements) Order 2021 (title, commencement and interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I45Sch. 1 para. 19 in force at 25.6.2024, see s. 25(1)(a)

County of Ceredigion (Electoral Arrangements) Order 2021 (S.I. 2021/1140 (W. 277))E+W

20In article 1(4) of the County of Ceredigion (Electoral Arrangements) Order 2021 (title, commencement and interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I46Sch. 1 para. 20 in force at 25.6.2024, see s. 25(1)(a)

County of Denbighshire (Electoral Arrangements) Order 2021 (S.I. 2021/1159 (W. 284))E+W

21In article 1(4) of the County of Denbighshire (Electoral Arrangements) Order 2021 (title, commencement and interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I47Sch. 1 para. 21 in force at 25.6.2024, see s. 25(1)(a)

City and County of Cardiff (Electoral Arrangements) Order 2021 (S.I. 2021/1160 (W. 285))E+W

22In article 1(4) of the City and County of Cardiff (Electoral Arrangements) Order 2021 (title, commencement and interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I48Sch. 1 para. 22 in force at 25.6.2024, see s. 25(1)(a)

County Borough of Blaenau Gwent (Electoral Arrangements) Order 2021 (S.I. 2021/1161 (W. 286))E+W

23In article 2 of the County Borough of Blaenau Gwent (Electoral Arrangements) Order 2021 (interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I49Sch. 1 para. 23 in force at 25.6.2024, see s. 25(1)(a)

County Borough of Conwy (Electoral Arrangements) Order 2021 (S.I. 2021/1181 (W. 292))E+W

24In article 2 of the County Borough of Conwy (Electoral Arrangements) Order 2021 (interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I50Sch. 1 para. 24 in force at 25.6.2024, see s. 25(1)(a)

County of Pembrokeshire (Electoral Arrangements) Order 2021 (S.I. 2021/1182 (W. 293))E+W

25In article 2 of the County of Pembrokeshire (Electoral Arrangements) Order 2021 (interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I51Sch. 1 para. 25 in force at 25.6.2024, see s. 25(1)(a)

City and County Borough of Newport (Electoral Arrangements) Order 2021 (S.I. 2021/1216 (W. 305))E+W

26In article 2 of the City and County Borough of Newport (Electoral Arrangements) Order 2021 (interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I52Sch. 1 para. 26 in force at 25.6.2024, see s. 25(1)(a)

County Borough of Caerphilly (Electoral Arrangements) Order 2021 (S.I. 2021/1217 (W. 306))E+W

27In article 2 of the County Borough of Caerphilly (Electoral Arrangements) Order 2021 (interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I53Sch. 1 para. 27 in force at 25.6.2024, see s. 25(1)(a)

County of Gwynedd (Electoral Arrangements) Order 2021 (S.I. 2021/1223 (W. 307))E+W

28In article 2 of the County of Gwynedd (Electoral Arrangements) Order 2021 (interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I54Sch. 1 para. 28 in force at 25.6.2024, see s. 25(1)(a)

Monmouthshire (Communities) Order 2021 (S.I. 2021/1227 (W. 309))E+W

29In article 2(2) of the Monmouthshire (Communities) Order 2021 (interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I55Sch. 1 para. 29 in force at 25.6.2024, see s. 25(1)(a)

County of Flintshire (Electoral Arrangements) (No. 2) Order 2021 (S.I. 2021/1228 (W. 310))E+W

30In article 2 of the County of Flintshire (Electoral Arrangements) (No. 2) Order 2021 (interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I56Sch. 1 para. 30 in force at 25.6.2024, see s. 25(1)(a)

County of Monmouthshire (Electoral Arrangements) Order 2021 (S.I. 2021/1232 (W. 311))E+W

31In article 1(4) of the County of Monmouthshire (Electoral Arrangements) Order 2021 (title, commencement and interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I57Sch. 1 para. 31 in force at 25.6.2024, see s. 25(1)(a)

Monmouthshire (Communities) Order 2022 (S.I. 2022/279 (W. 80))E+W

32In article 2(2) of the Monmouthshire (Communities) Order 2022 (interpretation), for “Local Government (Democracy) (Wales) Act 2013” substitute “Democracy and Boundary Commission Cymru etc. Act 2013”.

Commencement Information

I58Sch. 1 para. 32 in force at 25.6.2024, see s. 25(1)(a)

PART 2E+WAMENDMENTS RELATING TO CHANGE OF NAME OF COMMISSION

Superannuation Act 1972 (c. 11)E+W

33In Schedule 1 to the Superannuation Act 1972 (kinds of employment referred to in section 1 of that Act), under the italic heading “Royal Commissions and other Commissions”—

(a)omit “The Local Democracy and Boundary Commission for Wales”;

(b)before the entry for “Development Commission” insert—

  • Democracy and Boundary Commission Cymru.

Commencement Information

I59Sch. 1 para. 33 in force at 25.6.2024, see s. 25(1)(a)

Local Government Act 1972 (c. 70)E+W

34(1)The Local Government Act 1972 is amended as follows.

(2)In section 30 (restriction on community applications during and after reviews)—

(a)in subsection (1)(ba), for “Local Democracy and Boundary Commission for Wales” substitute “Democracy and Boundary Commission Cymru”;

(b)in subsection (3), for “the Local Democracy and Boundary Commission for Wales” substitute “the Democracy and Boundary Commission Cymru”.

(3)In section 74(3A) (change of name of county etc.), for “Local Democracy and Boundary Commission for Wales” substitute “Democracy and Boundary Commission Cymru”.

(4)In section 76(2)(a) (change of name of community), for “Local Democracy and Boundary Commission for Wales” substitute “Democracy and Boundary Commission Cymru”.

Commencement Information

I60Sch. 1 para. 34 in force at 25.6.2024, see s. 25(1)(a)

House of Commons Disqualification Act 1975 (c. 24)E+W

35In Part 2 of Schedule 1 to the House of Commons Disqualification Act 1975 (offices disqualifying for membership)—

(a)before the entry for “Development Commission” insert—

  • The Democracy and Boundary Commission Cymru.;

(b)omit “The Local Government Boundary Commission for Wales.”

Commencement Information

I61Sch. 1 para. 35 in force at 25.6.2024, see s. 25(1)(a)

Local Government Act 1992 (c. 19)E+W

36In Schedule 3 to the Local Government Act 1992 (amendments consequential on Part 2), omit paragraph 11.

Commencement Information

I62Sch. 1 para. 36 in force at 25.6.2024, see s. 25(1)(a)

Government of Wales Act 1998 (c. 38)E+W

37In paragraph 4 of Part 1 of Schedule 17 to the Government of Wales Act 1998 (audit etc. of Welsh public bodies), for “Local Democracy and Boundary Commission for Wales” substitute “Democracy and Boundary Commission Cymru”.

Commencement Information

I63Sch. 1 para. 37 in force at 25.6.2024, see s. 25(1)(a)

Freedom of Information Act 2000 (c. 36)E+W

38In Part 6 of Schedule 1 to the Freedom of Information Act 2000 (public authorities)—

(a)after the entry for “Defence Scientific Advisory Council”, insert—

  • The Democracy and Boundary Commission Cymru.;

(b)omit “The Local Democracy and Boundary Commission for Wales.”

Commencement Information

I64Sch. 1 para. 38 in force at 25.6.2024, see s. 25(1)(a)

The Government of Wales Act 2006 (c. 32)E+W

39The 2006 Act is amended as follows.

Commencement Information

I65Sch. 1 para. 39 in force at 25.6.2024, see s. 25(1)(a)

40In section 148(2) (meaning of “Welsh public records”)—

(a)after paragraph (c), insert—

(ca)the Democracy and Boundary Commission Cymru,;

(b)omit paragraph (i).

Commencement Information

I66Sch. 1 para. 40 in force at 25.6.2024, see s. 25(1)(a)

41In the table in Part 2 of Schedule 1A (offices that disqualify the holder from being a Member of the Senedd or a candidate in an election to be a Member of the Senedd) omit the entry for “Local Democracy and Boundary Commission for Wales or Comisiwn Ffiniau a Democratiaeth Leol Cymru”.

Commencement Information

I67Sch. 1 para. 41 in force at 25.6.2024, see s. 25(1)(a)

42In table 1 in paragraph 35(3) of Schedule 11 (transitional provisions), omit the entry for section 20(1) of the Political Parties, Elections and Referendums Act 2000 (c. 41).

Commencement Information

I68Sch. 1 para. 42 in force at 25.6.2024, see s. 25(1)(a)

Welsh Language (Wales) Measure 2011 (nawm 1)E+W

43In Schedule 6 to the Welsh Language (Wales) Measure 2011 (public bodies etc: standards), in the table—

(a)under the heading “General”, after the entry for “Criminal Injuries Compensation Authority” insert—

The Democracy and Boundary Commission Cymru (“Comisiwn Democratiaeth a Ffiniau Cymru”)Service delivery standards
Policy making standards
Operational standards
Record keeping standards;

(b)omit the entry for “Local Democracy and Boundary Commission for Wales”.

Commencement Information

I69Sch. 1 para. 43 in force at 25.6.2024, see s. 25(1)(a)

The 2013 ActE+W

44(1)The 2013 Act is amended as follows.

(2)For section 1(2) (overview), substitute—

(2)Part 2 makes provision about the constitution and functions of the Democracy and Boundary Commission Cymru.

(3)In the heading of Part 2, for “Local Democracy and Boundary Commission for Wales” substitute “Democracy and Boundary Commission Cymru”.

(4)In Schedule 1 (minor and consequential amendments)—

(a)omit paragraph 1(3)(b);

(b)omit paragraphs 3 and 4 and the italic headings before them.

Commencement Information

I70Sch. 1 para. 44 in force at 25.6.2024, see s. 25(1)(a)

Public Services Ombudsman (Wales) Act 2019 (anaw 3)E+W

45In Schedule 3 to the Public Services Ombudsman (Wales) Act 2019 (listed authorities), under the italic heading “Miscellaneous”—

(a)at the appropriate place insert—

  • The Democracy and Boundary Commission Cymru.;

(b)omit “The Local Democracy and Boundary Commission for Wales.”

Commencement Information

I71Sch. 1 para. 45 in force at 25.6.2024, see s. 25(1)(a)

Local Government and Elections (Wales) Act 2021 (asc 1)E+W

46Local Government and Elections (Wales) Act 2021 is amended as follows.

Commencement Information

I72Sch. 1 para. 46 in force at 25.6.2024, see s. 25(1)(a)

47In section 10(1) (duty to notify when resolution passed) for “Local Democracy and Boundary Commission” substitute “Democracy and Boundary Commission Cymru”.

Commencement Information

I73Sch. 1 para. 47 in force at 25.6.2024, see s. 25(1)(a)

48In section 11 (initial review)—

(a)in subsection (1), for “Local Democracy and Boundary Commission for Wales”, substitute “Democracy and Boundary Commission Cymru”;

(b)in the heading, for “Local Democracy and Boundary Commission” substitute “Democracy and Boundary Commission Cymru”.

Commencement Information

I74Sch. 1 para. 48 in force at 25.6.2024, see s. 25(1)(a)

49In section 138 (reviews of electoral arrangements)—

(a)in subsection (1), for “Local Democracy and Boundary Commission for Wales”, substitute “Democracy and Boundary Commission Cymru”;

(b)in subsection (2)(a), for “Local Democracy and Boundary Commission for Wales”, substitute “Democracy and Boundary Commission Cymru”.

Commencement Information

I75Sch. 1 para. 49 in force at 25.6.2024, see s. 25(1)(a)

50In paragraph 1(1) of Schedule 1 (initial reviews of electoral arrangements etc.), for “Local Democracy and Boundary Commission for Wales”, substitute “Democracy and Boundary Commission Cymru”.

Commencement Information

I76Sch. 1 para. 50 in force at 25.6.2024, see s. 25(1)(a)

Social Partnership and Public Procurement (Wales) Act 2023 (asc 1)E+W

51In paragraph 18 of Schedule 1 to the Social Partnership and Public Procurement (Wales) Act 2023 (contracting authorities), for “Local Democracy and Boundary Commission for Wales” substitute “Democracy and Boundary Commission Cymru”.

Commencement Information

I77Sch. 1 para. 51 in force at 25.6.2024, see s. 25(1)(a)

Welsh Language Schemes (Public Bodies) Order 1996 (S.I. 1996/1898)E+W

52In the table in the Schedule to the Welsh Language Schemes (Public Bodies) Order 1996 omit the entry for “Local Government Boundary Commission for Wales”.

Commencement Information

I78Sch. 1 para. 52 in force at 25.6.2024, see s. 25(1)(a)

Representation of the People (England and Wales) Regulations 2001 (S.I. 2001/341)E+W

53In regulation 101(2) of the Representation of the People (England and Wales) Regulations 2001, for “Local Democracy and Boundary Commission for Wales” substitute “Democracy and Boundary Commission Cymru”.

Commencement Information

I79Sch. 1 para. 53 in force at 25.6.2024, see s. 25(1)(a)

Public Contracts Regulations 2015 (S.I. 2015/102)E+W

54In Schedule 1 to the Public Contracts Regulations 2015 (central government authorities)—

(a)after “Agricultural Land Tribunal for Wales”, insert—

  • Democracy and Boundary Commission Cymru;

(b)omit “Local Democracy and Boundary Commission for Wales”.

Commencement Information

I80Sch. 1 para. 54 in force at 25.6.2024, see s. 25(1)(a)

Welsh Language Standards (No 2) Regulations 2016 (S.I. 2016/182 (W. 76))E+W

55In Schedule 6 to the Welsh Language Standards (No. 2) Regulations 2016—

(a)at the appropriate place insert—

  • The Democracy and Boundary Commission Cymru (“Comisiwn Democratiaeth a Ffiniau Cymru”);

(b)omit “The Local Democracy and Boundary Commission for Wales (“Comisiwn Ffiniau a Democratiaeth Leol i Gymru”)”.

Commencement Information

I81Sch. 1 para. 55 in force at 25.6.2024, see s. 25(1)(a)

Representation of the People (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/694)E+W

56Omit regulation 11(b) of the Representation of the People (England and Wales) (Amendment) Regulations 2016 (amendment to the Representation of the People (England and Wales) Regulations 2001).

Commencement Information

I82Sch. 1 para. 56 in force at 25.6.2024, see s. 25(1)(a)

Government of Wales Act 1998 (Local Democracy and Boundary Commission for Wales) (Amendment) Order 2016 (S.I. 2016/970 (W. 239))E+W

57The Government of Wales Act 1998 (Local Democracy and Boundary Commission for Wales) (Amendment) Order 2016 is revoked.

Commencement Information

I83Sch. 1 para. 57 in force at 25.6.2024, see s. 25(1)(a)

Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2017 (S.I. 2017/1261)E+W

58Omit article 8(a)(ii) of the Superannuation (Admission to Schedule 1 to the Superannuation Act 1972) Order 2017 (amendments to Schedule 1 to the Superannuation Act 1972 (c. 11) to reflect changes of name).

Commencement Information

I84Sch. 1 para. 58 in force at 25.6.2024, see s. 25(1)(a)

(Introduced by section 17)

SCHEDULE 2E+WSENEDD CONSTITUENCIES FOR FIRST GENERAL ELECTION AFTER 6 APRIL 2026

Elections in relation to which this Schedule appliesE+W

1This Schedule makes provision about the constituencies for which Members of the Senedd will be elected (“the Senedd constituencies”‍)‍ at‍ a general election the poll for which is held after 6 April 2026 and before the first set of regulations made under section 49J of the 2013 Act takes effect (or the constituencies are otherwise changed under any enactment).

Commencement Information

I85Sch. 2 para. 1 in force at 25.6.2024, see s. 25(1)(b)

Senedd constituencies and the 2026 boundary reviewE+W

2(1)The area of each Senedd constituency must consist of the combined areas of two contiguous UK parliamentary constituencies in Wales.

(2)The Democracy and Boundary Commission Cymru (“the Commission”) must conduct a review (“the 2026 boundary review”) in accordance with this Schedule to determine—

(a)which contiguous UK parliamentary constituencies in Wales are to be combined to create the areas of the 16 Senedd constituencies,

(b)the names of the Senedd constituencies, and

(c)whether each Senedd constituency is a county constituency or a borough constituency.

Commencement Information

I86Sch. 2 para. 2 in force at 25.6.2024, see s. 25(1)(b)

Notice of commencement of 2026 boundary reviewE+W

3(1)As soon as reasonably practicable after commencing the 2026 boundary review, the Commission must publish a notice—

(a)stating that the Commission has commenced the review, and

(b)specifying the date on which the review commenced.

(2)In this Schedule, “review date” means the date specified in the notice under sub-paragraph‍ (1)(b).

Commencement Information

I87Sch. 2 para. 3 in force at 25.6.2024, see s. 25(1)(b)

Matters the Commission may take into account in the 2026 boundary reviewE+W

4When considering the possible combinations of UK parliamentary constituencies in Wales, the Commission may take into account—

(a)local government boundaries that exist on the review date;

(b)special geographical considerations, including in particular the size, shape and accessibility of a proposed Senedd constituency;

(c)any local ties (including local ties connected to the use of the Welsh language) that would be broken by the proposed pairings.

Commencement Information

I88Sch. 2 para. 4 in force at 25.6.2024, see s. 25(1)(b)

Determining the names of the Senedd constituenciesE+W

5(1)Each Senedd constituency must have‍‍ a‍ single name for the purposes of identifying the constituency in communication through Welsh and English, unless the Commission considers this would be unacceptable (in which case the constituency may have different names for the purposes of identifying it in communication through Welsh and English).

(2)Before making its initial report (see paragraph 6) the Commission must—

(a)consult the Welsh Language Commissioner on the orthography of the names proposed for identifying the Senedd constituencies, and‍

(b)consider its proposals having regard to any representations received from the‍ Commissioner on the orthography of the proposed names.

(3)A requirement under this Schedule to set out the name or proposed name of a Senedd constituency in a report is‍, where the Commission considers the constituency should have different names for the purposes of identifying it in communication through Welsh and English, a requirement to set out both names—

(a)in the Welsh language version of the report, and

(b)in the English language version of the report‍.

Commencement Information

I89Sch. 2 para. 5 in force at 25.6.2024, see s. 25(1)(b)

Initial report on the 2026 boundary review and first period for representationsE+W

6(1)After taking the steps in paragraphs 3(1) and 5(2), the Commission must make an initial report setting out the proposed Senedd constituencies, including—

(a)which contiguous UK parliamentary constituencies in Wales are to be combined to create the areas of the 16 Senedd constituencies, and

(b)the proposed name of each Senedd constituency.

(2)The Commission must—

(a)publish the initial report,

(b)inform any person it considers appropriate of how to access the report,

(c)invite representations on the report, and

(d)notify any person it considers appropriate of the first period for representations.

(3)During the first period for representations the Commission must consult the Welsh Language Commissioner.

(4)The first period for representations is a period of four weeks, beginning with the date on which the initial report is published.

Commencement Information

I90Sch. 2 para. 6 in force at 25.6.2024, see s. 25(1)(b)

Second report on the 2026 boundary review and second period for representationsE+W

7(1)At the end of the first period for representations the Commission must—

(a)publish a document setting out any representations received during that period (including any representations on the initial report made by the Welsh Language Commissioner when consulted under paragraph 6(3)),

(b)consider its proposals having regard to those representations, and

(c)if‍, having considered its proposals, it is considering any changes to the proposed name of a Senedd constituency as set out in the initial report—

(i)consult the Welsh Language Commissioner on the orthography of the proposed name, and

(ii)have regard to any representations made by the Commissioner on the orthography of the proposed name.

(2)After taking the steps in sub-paragraph (1), the Commission must make a second report setting out the proposed Senedd constituencies, including—

(a)which contiguous UK parliamentary constituencies in Wales are to be combined to create the areas of the 16 Senedd constituencies,

(b)the proposed name of each constituency, and

(c)details of any changes to the proposals in the initial report, and an explanation of why those changes have been made.

(3)The Commission must—

(a)publish the second report,

(b)inform any person it considers appropriate of how to access the report,

(c)invite representations on the report, and

(d)notify any person it considers appropriate of the second period for representations.

(4)During the second period for representations the Commission must consult the Welsh Language Commissioner.

(5)The second period for representations is a period of four weeks, beginning with the date on which the second report is published.

(6)At the end of that period the Commission must—

(a)publish a document setting out any representations received during that period (including any representations on the second report made by the Welsh Language Commissioner when consulted under sub-paragraph (4)),

(b)consider its proposals having regard to those representations, and

(c)if‍, having considered its proposals, it is considering any changes to the proposed name of a Senedd constituency as set out in the second report—

(i)consult the Welsh Language Commissioner on the orthography of the proposed name, and

(ii)have regard to any representations made by the Commissioner on the orthography of the proposed name.

Commencement Information

I91Sch. 2 para. 7 in force at 25.6.2024, see s. 25(1)(b)

Final report on the 2026 boundary reviewE+W

8(1)Before 1 April 2025 the Commission must—

(a)make and publish a final report, and

(b)send it to the Welsh Ministers.

(2)The final report must set out the Senedd constituencies, including—

(a)which contiguous UK parliamentary constituencies in Wales are to be combined to create the areas of the 16 Senedd constituencies,

(b)the name of each constituency, and

(c)whether each constituency is a county constituency or borough constituency.

(3)The final report must also specify details of any changes to the proposals set out in the second report, and explain why those changes have been made.

(4)A failure by the Commission to submit a report to the Welsh Ministers before 1 April 2025 does not invalidate the report.

(5)As soon as reasonably practicable after receiving the final report, the Welsh Ministers must lay it before the Senedd.

Commencement Information

I92Sch. 2 para. 8 in force at 25.6.2024, see s. 25(1)(b)

Implementation of final report by the Welsh MinistersE+W

9(1)The Welsh Ministers must make regulations giving effect to the determinations in the Commission’s final report—

(a)as soon as reasonably practicable after laying the report before the Senedd, and

(b)in any event, unless there are exceptional circumstances, before the end of the period of 14 weeks beginning with the date the final report is laid before the Senedd.

(2)Where regulations are not made before the end of the period mentioned in sub-paragraph (1)(b), the Welsh Ministers must lay a statement before the Senedd setting out the exceptional circumstances.

(3)A statement under sub-paragraph (2) must be laid before the end of the period of 14 weeks beginning with the date the final report is laid before the Senedd.

(4)Further statements setting out the exceptional circumstances must be laid before the Senedd before the end of each subsequent period of four weeks beginning with the day on which the previous statement was laid, until the regulations are made.

(5)Regulations under this paragraph may make provision for any matters that the Welsh Ministers consider are incidental to, or consequential on, the determinations in the final report.

(6)Regulations under this paragraph must be made by statutory instrument.

(7)A statutory instrument containing regulations under this paragraph must be laid before the Senedd as soon as reasonably practicable after the regulations are made.

(8)The coming into force of the regulations does not affect the return of a Member of the Senedd to the Senedd, or the constitution of the Senedd, until the dissolution of the Senedd in connection with the first general election to be held after 6 April 2026.

Commencement Information

I93Sch. 2 para. 9 in force at 25.6.2024, see s. 25(1)(b)

Modification of final report by the CommissionE+W

10(1)This paragraph applies where—

(a)the Welsh Ministers have laid the final report before the Senedd under paragraph‍ 8(5),

(b)the Commission considers that the report needs to be modified to correct an error or errors in respect of any of the matters mentioned in paragraph 8(2), and

(c)regulations have not yet been made under paragraph 9.

(2)The Commission may send a statement to the Welsh Ministers specifying—

(a)the modifications of the report, and

(b)the reasons for those modifications.

(3)The Commission must publish a statement sent to the Welsh Ministers under sub-paragraph (2).

(4)As soon as reasonably practicable after receiving a statement, the Welsh Ministers must lay it before the Senedd.

(5)Where a statement has been sent to the Welsh Ministers, the regulations made under paragraph 9 must give effect to the final report with the modifications specified in the statement.

Commencement Information

I94Sch. 2 para. 10 in force at 25.6.2024, see s. 25(1)(b)

Delegation by the Commission of functions under this ScheduleE+W

11Section 13(1) of the 2013 Act (delegation) is to be read as if it contained a reference to the Commission’s functions under this Schedule (and accordingly those functions may be delegated under that section).

Commencement Information

I95Sch. 2 para. 11 in force at 25.6.2024, see s. 25(1)(b)

Welsh Ministers may not give directions to Commission relating to functions under this ScheduleE+W

12Section 14 of the 2013 Act (directions) does not permit the Welsh Ministers to give the Commission a direction relating to the exercise of its functions under this Schedule.

Commencement Information

I96Sch. 2 para. 12 in force at 25.6.2024, see s. 25(1)(b)

InterpretationE+W

13In this Schedule—

  • the Commission” (“y Comisiwn”) has the meaning given in paragraph 2(2);

  • local government boundaries” (“ffiniau llywodraeth leol”) are the boundaries of counties, county boroughs, electoral wards, communities and community wards in Wales;

  • review date” (“dyddiad yr adolygiad”) has the meaning given in paragraph 3;

  • Senedd constituency” (“etholaeth Senedd”) is to be interpreted in accordance with paragraph 1;

  • UK parliamentary constituency” (“etholaeth seneddol y DU”) means a constituenc‍y, specified in the Parliamentary Constituencies Order 2023 (S.I. 2023/1230), returning a member of Parliament of the United Kingdom.

Commencement Information

I97Sch. 2 para. 13 in force at 25.6.2024, see s. 25(1)(b)

14Where this Schedule imposes a duty on the Commission to publish a notice, report or other document, the notice, report or other document must be published—

(a)on the Commission’s website, and

(b)in such other manner as the Commission considers appropriate.

Commencement Information

I98Sch. 2 para. 14 in force at 25.6.2024, see s. 25(1)(b)

(Introduced by section 18)

SCHEDULE 3E+WNEW PART 3A OF THE 2013 ACT

Valid from 24/08/2024

Part 3A of the 2013 ActE+W

1In the 2013 Act, after Part 3 insert—

PART 3AE+WSENEDD CONSTITUENCY BOUNDARY REVIEWS

49ASenedd constituency boundary reviews

(1)The Commission must conduct a Senedd constituency boundary review once in every review period.

(2)A Senedd constituency boundary review is a review of the Senedd constituencies for the purpose of determining whether those boundaries should change in order to give effect to the rules set out in section 49C.

(3)If in the course of a review the Commission determines that the boundaries of a Senedd constituency should change, the Commission must also determine—

(a)what the names of the affected constituencies should be;

(b)whether each affected constituency should be a county constituency or a borough constituency.

(4)But if in the course of a review the Commission determines that, while the boundaries of a Senedd constituency should not change, the name of the constituency or its designation as a county constituency or a borough constituency should change, it may determine—

(a)what the name of the constituency should be;

(b)whether it should be a county constituency or a borough constituency.

(5)For the purpose of subsection (1), “review period” means—

(a)the period beginning with 1 April 2025 and ending with 30 November 2028,

(b)the period of 8 years beginning with 1 December 2028, and

(c)each subsequent period of 8 years.

49BNotice of commencement of Senedd constituency boundary review

(1)As soon as reasonably practicable after commencing a Senedd constituency boundary review, the Commission must publish a notice—

(a)stating that the Commission has commenced a review, and

(b)specifying the date on which the review commenced.

(2)In this Part, “review date” means the date specified in the notice under subsection (1)(b).

49CConstituency rules

(1)The electorate for each Senedd constituency must be—

(a)no less than 90% of the electoral quota, and

(b)no more than 110% of the electoral quota.

(2)When considering during a Senedd constituency boundary review whether there should be changes to the Senedd constituencies, and what those changes should be—

(a)the Commission may have regard to—

(i)local government boundaries that exist or are prospective on the review date;

(ii)special geographical considerations, including in particular the size, shape and accessibility of a proposed or existing Senedd constituency;

(iii)any local ties (including local ties connected to the use of the Welsh language) that would be broken by such changes; but

(b)in any event the Commission must—

(i)seek to minimise the amount of change to the Senedd constituencies that exist on the review date, and

(ii)have regard to the inconveniences caused by making changes to the Senedd constituencies.

(3)For the purposes of subsection (1)—

(a)the electorate is the total number of local government electors, and

(b)the electoral quota is the electorate of Wales divided by 16 (which is the number of Senedd constituencies), and

for the purposes of paragraph (a), a local government elector is a person registered in the relevant version of the register of local government electors at an address within a Senedd constituency.

(4)The relevant version of the register of local government electors is the version that is, on the review date, the most recent version published under section 13(1)(a) of the Representation of the People Act 1983 (c. ‍2).

(5)In the case of a local government boundary that is prospective on the review date, it is that boundary (rather than any existing boundary that it replaces) that must be taken into account under subsection (2)(a)(i).

(6)A local government boundary is “prospective” on the review date if, on that date—

(a)it is specified in a provision of—

(i)primary legislation, or

(ii)an instrument made under primary legislation, and

(b)the provision specifying the boundary is not yet in force for all purposes.

(7)In subsection (6), “primary legislation” means—

(a)an Act enacted under Part 4 of the Government of Wales Act 2006 (c. 32);

(b)a Measure enacted under Part 3 of that Act;

(c)an Act of the Parliament of the United Kingdom.

49DDetermining the names of the Senedd constituencies

(1)Each Senedd constituency must have‍‍ a‍ single name for the purposes of identifying the constituency in communication through Welsh and English, unless the Commission considers this would be unacceptable (in which case the constituency may have different names for the purposes of identifying it in communication through Welsh and English).

(2)Before making its initial report (see section 49E) the Commission must, if it intends to make a proposal relating to the name of a Senedd constituency—

(a)consult the Welsh Language Commissioner on the orthography of the proposed name, and

(b)consider its proposal having regard to any representations from the Commissioner on the orthography of the proposed name.

(3)A requirement under this Part to set out the name or proposed name of a Senedd constituency in a report is, where the Commission considers the constituency should have different names for the purposes of identifying it in communication through Welsh and English, a requirement to set out both names—

(a)in the Welsh language version of the report, and

(b)in the English language version of the report.

49EInitial report on boundary review and first period for representations

(1)After taking the steps in sections 49B(1) and 49D(2), the Commission must make an initial report setting out—

(a)the Commission’s proposals for change to—

(i)the boundaries of the Senedd constituencies;

(ii)the names of the Senedd constituencies, or

(b)if it does not consider any change appropriate, a statement to that effect.

(2)The Commission must—

(a)publish the initial report,

(b)inform any person it considers appropriate of how to access the report,

(c)invite representations on the report, and

(d)notify any person it considers appropriate of the first period for representations.

(3)During the first period for representations the Commission must consult the Welsh Language Commissioner.

(4)The first period for representations is a period of eight weeks, beginning with the date on which the initial report is published.

49FPublication of, and consultation on, representations

(1)At the end of the first period for representations the Commission must publish a document setting out any representations received during that period (including any representations on the initial report made by the Welsh Language Commissioner when consulted under section 49E(3)).

(2)The Commission must also—

(a)inform any person it considers appropriate of how to access the document published under subsection (1),

(b)invite representations in respect of the representations set out in the document published under subsection (1),

(c)notify any person it considers appropriate of the second period for representations, and

(d)publish information about the times and places at which public hearings under section 49G will be held and, where hearings are to be held partly in person and partly through the use of remote facilities, specify instructions on how to make representations using remote facilities.

(3)The second period for representations is a period of six weeks, beginning with the date on which the document is published under subsection (1).

(4)In subsection (2)(d), “remote facilities” means any equipment or other facility that enables people who are not in the place where the hearing is being held to make representations at the hearing.

49GPublic hearings

(1)During the second period for representations, the Commission must hold at least two but no more than five public hearings to enable representations to be made about its proposals.

(2)The public hearings must between them cover the whole of Wales.

(3)A public hearing must be completed within two days.

(4)If a hearing is to be held partly through the use of remote facilities (within the meaning given in section 49F(4)), the remote facilities must enable the people making representations at the hearing but who are not in the place where the hearing is being held to speak to and be heard by (whether or not it enables those people to see and be seen by)—

(a)each other, and

(b)people at the place where the hearing is being held.

(5)The Commission must appoint a person to chair each hearing (“the chair”).

(6)The chair must determine the procedure that is to govern that hearing.

(7)The chair must make arrangements for a public hearing to begin with an explanation of—

(a)the proposals with which the hearing is concerned;

(b)how representations about the proposals may be made.

(8)The chair must allow representations to be made—

(a)by each political party that is registered under Part 2 of the Political Parties, Elections and Referendums Act 2000 (c. 41) and either—

(i)has at least one Member of the Senedd, or

(ii)received at least 10% of the votes cast in the most recent general election;

(b)by any other person considered by the chair to have an interest in any of the proposals with which the hearing is concerned (subject to subsection (9)(c)).

(9)The chair may—

(a)determine the order in which representations are made;

(b)restrict the amount of time allowed for representations and need not allow the same amount to each person;

(c)if necessary because of shortage of time, determine which of the persons mentioned in subsection (8)(b) are not allowed to make representations.

(10)The chair may put questions, or allow questions to be put, to a person making representations at the hearing.

(11)If questions are allowed to be put, the chair may regulate the manner of questioning or restrict the number of questions a person may ask.

49HSecond report on boundary review and final period for representations

(1)At the end of the second period for representations the Commission must—

(a)consider its proposals having regard to the representations made during the first and second periods for representations, and

(b)if‍, having considered its proposals, it intends to make a proposal that was not set out in the initial report relating to the name of a Senedd constituency—

(i)consult the Welsh Language Commissioner on the orthography of the proposed name, and

(ii)have regard to any representations made by the Commissioner on the orthography of the proposed name.

(2)After taking the steps in subsection (1), the Commission must make a second report—‍

(a)setting out—

(i)the Commission’s proposals for change to the boundaries and names of the Senedd constituencies, or

(ii)if the Commission does not consider any change appropriate, a statement to that effect;

(b)specifying details of any changes the Commission has made to the proposals set out in the initial report, and an explanation of why those changes have been made.

(3)The Commission must—

(a)publish the second report,

(b)publish a document—

(i)containing records of the public hearings held under section 49G, and

(ii)setting out any representations (of the kind described in section 49F(2)(b)) received during the second period for representations,

(c)inform any person it considers appropriate of how to access the report and the document published under paragraph (b),

(d)invite representations—‍

(i)on the report‍,

(ii)in respect of any representations made during the public hearings, and

(iii)in respect of any representations (of the kind described in section 49F(2)(b)) received during the second period for representations, and

(e)notify any person it considers appropriate of the final period for representations.

(4)During the final period for representations the Commission must consult the Welsh Language Commissioner.

(5)The final period for representations is a period of four weeks, beginning with the date on which the second report is published.

(6)At the end of the final period for representations the Commission must—

(a)publish a document setting out any representations received during that period (including any representations made by the Welsh Language Commissioner, when consulted under subsection (4), on the second report and on the representations mentioned in subsection (3)(d)(ii) and (iii)),

(b)consider its proposals having regard to those representations, and

(c)if‍, having considered its proposals, it intends to make a proposal that was not set out in the second report relating to the name of a Senedd constituency—

(i)consult the Welsh Language Commissioner on the orthography of the proposed name, and

(ii)have regard to any representations made by the Commissioner on the orthography of the proposed name.

49IFinal report on boundary review

(1)Before 1 December 2028, and before 1 December every eighth year after that, the Commission must—

(a)make and publish a final report, and

(b)send it to the Welsh Ministers.

(2)The final report must—

(a)either—

(i)set out the details of any changes that are required to be made to the Senedd constituencies, or

(ii)state that no alteration is required to be made to the Senedd constituencies, and

(b)specify details of any changes the Commission has made to the proposals set out in the second report, and explain why those changes have been made.

(3)If changes are required to be made to the boundaries of Senedd constituencies, the final report must set out—

(a)the boundaries of all the constituencies for which Members of the Senedd are to be returned‍,

(b)the names of all those‍ constituencies‍, and‍

(c)whether each‍ constituency‍ is ‍a county constituency or borough constituency.

(4)If the boundaries of a Senedd constituency are not to be changed but a change is required to either or both—

(a)the name of the constituency;

(b)its designation as a county constituency or borough constituency,

the final report must set out the change.

(5)A failure by the Commission to comply with a deadline in subsection‍ (1) does not invalidate a final report.

(6)As soon as reasonably practicable after receiving a final report, the Welsh Ministers must lay it before Senedd Cymru.

49JImplementation of final report by the Welsh Ministers

(1)Where a final report sets out changes that are required to be made to the Senedd constituencies, the Welsh Ministers must make regulations giving effect to the determinations in the Commission’s final report—

(a)as soon as reasonably practicable after laying the report before Senedd Cymru, and

(b)in any event, unless there are exceptional circumstances, before the end of the period of‍ four months beginning with the date the report is laid before the Senedd.

(2)Where regulations are not made before the end of the period mentioned in subsection (1)(b), the Welsh Ministers must lay a statement before Senedd Cymru setting out the exceptional circumstances.

(3)A statement under subsection (2) must be laid before the end of the period of‍ four months beginning with the date the final report is laid before Senedd Cymru.

(4)Further statements setting out the exceptional circumstances must be laid before Senedd Cymru before the end of each subsequent period of four weeks beginning with the day on which the previous statement was laid, until the regulations are made.

(5)Regulations under this section may make provision for any matters which the Welsh Ministers consider are incidental to, or consequential on, the determinations in the final report.

(6)Regulations under this section must be made by statutory instrument.

(7)A statutory instrument containing regulations under this section must be laid before Senedd Cymru as soon as reasonably practicable after the regulations are made.

(8)The coming into force of the regulations does not affect the return of a Member of the Senedd to Senedd Cymru, or the constitution of Senedd Cymru, until the dissolution of the Senedd in connection with—

(a)the next ordinary general election, or

(b)an extraordinary general election, the poll for which is held—

(i)during the period of one month ending with the day before the day on which the poll for the next ordinary general election would have been held under section 3(1) of the Government of Wales Act 2006 (c. 32), disregarding paragraphs (a) and (b) of that subsection, or

(ii)on the day on which the poll for the next ordinary general election would have been held under section 3(1) of the Government of Wales Act 2006, disregarding paragraphs (a) and (b) of that subsection.

49KModification of final report by the Commission

(1)This section applies where—

(a)the Welsh Ministers have laid a final report before Senedd Cymru under section 49I(6),

(b)the report sets out changes that are required to be made to the Senedd constituencies,

(c)the Commission considers that the report needs to be modified to correct an error or errors in respect of any of the matters mentioned in section 49I(3) or (4), and

(d)regulations have not yet been made under section 49J.

(2)The Commission may send a statement to the Welsh Ministers specifying—

(a)the modifications of the report, and

(b)the reasons for those modifications.

(3)The Commission must publish a statement sent to the Welsh Ministers under subsection (2).

(4)As soon as reasonably practicable after receiving a statement, the Welsh Ministers must lay it before Senedd Cymru.

(5)Where a statement has been sent to the Welsh Ministers, the regulations made under section 49J must give effect to the final report with the modifications specified in the statement.

49LInterpretation of Part

(1)In this Part—

  • general election” (“etholiad cyffredinol”) means an ordinary general election or an extraordinary general election held under Part 1 of the Government of Wales Act 2006 (c. 32);

  • local government boundaries” (“ffiniau llywodraeth leol”) are the boundaries of counties, county boroughs, electoral wards, communities and community wards in Wales;

  • remote facilities” (“cyfleusterau o bell”) has the meaning given by section 49F(4);

  • review date” (“dyddiad yr adolygiad”) has the meaning given by section 49B(2);

  • Senedd constituency” (“etholaeth Senedd”) means a constituency provided for in regulations made under section 49J.

(2)Where this Part imposes a duty on the Commission to publish a notice, report or other document, the notice, report or other document must be published—

(a)on the Commission’s website, and

(b)in such other manner as the Commission considers appropriate.

Commencement Information

I99Sch. 3 para. 1 in force at 24.8.2024, see s. 25(2)(c)

Related amendmentsE+W

2(1)The 2013 Act is amended in accordance with sub-paragraphs (2) to (6).

(2)In section 1 (overview), after subsection (3) insert—

(3A)Part 3A makes provision about Senedd constituency boundary reviews conducted by the Commission.

(3)In section 13(1) (delegation), for the words from “Chapters 2” to the end substitute

(a)Chapters 2 to 4, 6 or 7 of Part 3 (functions relating to the conduct of reviews of local government or local inquiries);

(b)Part 3A (functions relating to Senedd constituency boundary reviews);

(c)Schedule 1 to the Local Government and Elections (Wales) Act 2021 (functions relating to initial reviews),

as it may determine to the extent so delegated.

(4)In section 14 (directions), after subsection (2) insert—

(3)This section does not permit the Welsh Ministers to give the Commission a direction relating to the exercise of its functions under Part 3A (functions relating to Senedd constituency boundary reviews).

(5)In section 71(4) (orders and regulations), after “section 45 or 75” insert “, or regulations made under section 49J”.

(6)In Schedule 3 (index of defined expressions), in table 2‍—

(a)at the appropriate places insert—

General election (Etholiad cyffredinol)Section 49L(1);
Local government boundaries (Ffiniau llywodraeth leol)Section 49L(1);
Remote facilities (Cyfleusterau o bell)Section 49F(4);
Review date (Dyddiad yr adolygiad)Section 49B(2);
‍Senedd constituency (Etholaeth Senedd)Section 49L(1);

(b)in the entry for “Local government elector (Etholwr llywodraeth leol)”, in the second column, after “Section 30” insert “for the purposes of Part 3 and section 49C(3) for the purposes of Part 3A”.

(7)In Schedule 1 to the Local Government and Elections (Wales) Act 2021, omit paragraph 13 (delegation of functions under that Schedule).

Commencement Information

I100Sch. 3 para. 2 in force at 25.6.2024, see s. 25(2)(c)

Transitional provisionE+W

3(1)The Welsh Ministers must, whether or not the final report on the first boundary review conducted under Part 3A of the 2013 Act sets out changes that are required to be made to the constituencies for which Members of the Senedd are to be returned, make regulations under section 49J that set out, in accordance with the determinations in that report—

(a)the boundaries of all those constituencies,

(b)the names of all those constituencies, and

(c)whether each constituency is a county constituency or borough constituency, and

section 49J(1) of the 2013 Act is to be read accordingly.

(2)Until the‍ regulations mentioned in sub-paragraph (1) take effect, the reference in the definition of “Senedd constituency” in section 49L(1) of‍ the 2013 Act to “section 49J” is to be read as a reference to “paragraph 9 of Schedule 2 to the Senedd Cymru (Members and Elections) Act 2024 (asc 4)”.

Commencement Information

I101Sch. 3 para. 3 in force at 25.6.2024, see s. 25(2)(c)

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