Senedd Cymru (Members and Elections) Act 2024

PART 1 E+W THE SENEDD AND WELSH MINISTERS

1 Number of Members of the Senedd and Senedd constituencies E+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

I1 S. 1 in force at 24.8.2024, see s. 25(2)(a)

2 Senedd constituencies E+W

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

“2 Senedd 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

I2 S. 2 in force at 24.8.2024, see s. 25(2)(a)

Prospective

3 Frequency of ordinary general elections E+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

I3 S. 3 comes into force in accordance with s. 25(3)

Prospective

4 Additional Deputy Presiding Officer E+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

I4 S. 4 comes into force in accordance with s. 25(4)

Prospective

5 Increase in maximum number of Welsh Ministers E+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

I5 S. 5 comes into force in accordance with s. 25(4)

6 Disqualification from being a Member of the Senedd or a candidate E+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

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

Commencement Information

I6 S. 6 in force at 24.8.2024, see s. 25(2)(a)

7 Review of possible job-sharing of offices relating to the Senedd E+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

I7 S. 7 in force at 24.8.2024, see s. 25(2)(a)

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

8 General elections E+W

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

“6 Voting 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).

7 Candidates 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.).

8 Calculation 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.

9 Allocation 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

I8 S. 8 in force at 24.8.2024, see s. 25(2)(b)

9 Vacant seats E+W

(1) The 2006 Act is amended as follows.

(2) Omit section 10 (constituency vacancies).

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

“11 Vacant 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

I9 S. 9 in force at 24.8.2024, see s. 25(2)(b)

10 Related amendments E+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

I10 S. 10 in force at 24.8.2024, see s. 25(2)(b)

PART 3 E+W DEMOCRACY AND BOUNDARY COMMISSION CYMRU

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

I11 S. 11 in force at 25.6.2024, see s. 25(1)(a)

12 Renaming the Local Democracy and Boundary Commission for Wales E+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

I12 S. 12 in force at 25.6.2024, see s. 25(1)(a)

13 Number of members of the Commission E+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

I13 S. 13 in force at 25.6.2024, see s. 25(1)(a)

14 Persons who may not be members or chief executive of the Commission E+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,”;

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

• ““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

I14 S. 14 in force at 25.6.2024, see s. 25(1)(a)

15 Quorum for meetings of the Commission E+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

I15 S. 15 in force at 25.6.2024, see s. 25(1)(a)

16 Assistant commissioners E+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 Cymru

The members, assistant commissioners and chief executive of the Commission”.

Commencement Information

I16 S. 16 in force at 25.6.2024, see s. 25(1)(a)

PART 4 E+W SENEDD CONSTITUENCY BOUNDARY REVIEWS

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

I17 S. 17 in force at 25.6.2024, see s. 25(1)(b)

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

I18 S. 18 in force at 24.8.2024, see s. 25(2)(c)

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

Review of operation of Act etc. E+W

19 Review of operation of Act etc. after 2026 general election E+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

I19 S. 19 in force at 24.8.2024, see s. 25(2)(d)

General E+W

20 Power to make consequential, transitional etc. provision E+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

I20 S. 20 in force at 25.6.2024, see s. 25(1)(c)

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

I21 S. 21 in force at 24.8.2024, see s. 25(2)(e)

22 Regulations under this Act E+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

I22 S. 22 in force at 25.6.2024, see s. 25(1)(c)

23 Interpretation E+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

I23 S. 23 in force at 25.6.2024, see s. 25(1)(c)

24 Transitional provision relating to Parts 1 and 2 E+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

I24 S. 24 in force at 25.6.2024, see s. 25(1)(c)

25 Coming into force E+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

I25 S. 25 in force at 25.6.2024, see s. 25(1)(c)

26 Short title E+W

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

Commencement Information

I26 S. 26 in force at 25.6.2024, see s. 25(1)(c)