Senedd Cymru (Members and Elections) Act 2024 Explanatory Notes

Schedule 2: Senedd Constituencies for First General Election after 6 April 2026

44.Schedule 2 is introduced by section 17.

45.This Schedule makes provision for the Commission (as renamed by this Act) to carry out a review to establish new Senedd constituencies for which Members of the Senedd will be elected at the general election to be held after 6 April 2026 and before the first set of regulations made under section 49J of the 2013 Act takes effect, due to changes to the Senedd’s electoral system. It sets out the rules and processes the Commission must follow to determine those constituencies.

Elections in relation to which this Schedule applies

46.Paragraph 1 states that this Schedule makes provision about the constituencies for which Members of the Senedd will be elected at a general election held after 6 April 2026. This means the Schedule will apply in relation to a Senedd general election taking place up to one calendar month earlier than the scheduled ordinary general election date of 7 May 2026. This paragraph also states that the Senedd constituencies provided for under this Schedule will remain in place until regulations under section 49J of the 2013 Act (which is a section in Part 3A of that Act, as inserted by Schedule 3 to this Act) take effect, or the constituencies are otherwise changed under any enactment.

Senedd constituencies and the 2026 boundary review

47.Paragraph 2 provides that each Senedd constituency established under this Schedule is to consist of two contiguous UK parliamentary constituencies in Wales. It requires the Commission to conduct a review in accordance with the Schedule and lists the determinations the Commission must make in this boundary review. These are: which contiguous UK parliamentary constituencies in Wales are to be combined to create the 16 Senedd constituencies; the names of those constituencies (see further paragraph 5 of Schedule 2); and whether each constituency is a county or borough constituency.

Notice of commencement of 2026 boundary review

48.Paragraph 3 provides that the Commission must publish a notice once the review has commenced (in accordance with paragraph 14, which requires that anything published under the Schedule must be published on the Commission’s website, and in such other manner as the Commission considers appropriate) and that such notice must specify the date that the review commenced. This paragraph also defines “review date” for the purpose of Schedule 2 by reference to the date specified in the notice of commencement.

Matters the Commission may take into account in the 2026 boundary review

49.Paragraph 4 lists factors the Commission may take into account in making determinations about the combinations of UK parliamentary constituencies as part of this boundary review. These are: existing local government boundaries; special geographical considerations; and any local ties (including local ties connected to the use of the Welsh language) that would be broken by the proposed pairings.

Determining the names of the Senedd constituencies

50.Paragraph 5 sets out how the names of Senedd constituencies are to be determined, and the actions the Commission must take when determining those names, including consultation with the Welsh Language Commissioner on the orthography of any names proposed. Constituencies must have a single name for use in Welsh and English, unless the Commission consider this to be unacceptable. If so, constituencies may have different names for use in communication through Welsh and English. If there are different names, there is a requirement to include both names in the Welsh and English versions of the Commission’s reports.

Initial report on the 2026 boundary review and first period for representations

51.Paragraph 6(1) requires the Commission to make an initial report after it has published the notice of commencement and consulted the Welsh Language Commissioner on the orthography of the proposed names, and details what that report must contain. Paragraph 6(2) requires the Commission to (amongst other things) publish the initial report and invite representations on it. This paragraph also provides that the first period for representations is a period of four-weeks beginning on the date the initial report is published. The Commission must consult with the Welsh Language Commissioner during this period (and this consultation is not restricted to the orthography of the proposed names).

Second report on the 2026 boundary review and second period for representations

52.Paragraph 7 sets out actions the Commission must take following the first period for representations. These are: a requirement to publish the representations received, to consider its proposals having regard to those representations and to consult and have regard to any representations made by the Welsh Language Commissioner on the orthography of the proposed names if any changes to the constituency names are proposed. Having taken the necessary steps outlined in paragraph 7(1), paragraph 7(2) requires the Commission to make a second report and details what the report should contain. Paragraph 7(3) requires the Commission to (amongst other things) publish the second report and invite representations on it. Paragraph 7(5) provides that the second period for representations is a period of four weeks and begins on the date that the second report is published. The Commission must consult with the Welsh Language Commissioner during this period (and this consultation is not restricted to the orthography of the proposed names). Paragraph 7(6) sets out the actions the Commission must take following the second period for representations, which mirror the actions to be taken following the first period for representations.

Final report on the 2026 boundary review

53.Paragraph 8 provides that the Commission must, before 1 April 2025, make and publish a final report on the 2026 boundary review, and send this report to the Welsh Ministers. The report must confirm which of the UK parliamentary constituencies have been combined to create the 16 Senedd constituencies, the name of each constituency (and whether each constituency is a county or borough constituency. The report must specify the detail of any changes to the proposals set out in the second report and explain why such changes have been made. This paragraph provides that a failure to submit a final report to the Welsh Ministers by 1 April 2025 does not render the report invalid. This paragraph also requires the Welsh Ministers to lay the final report before the Senedd as soon as reasonably practicable following receipt of the report.

Implementation of final report by the Welsh Ministers

54.Paragraph 9 sets out details of how the final report is to be implemented. The Welsh Ministers must make regulations implementing the determinations in the Commission’s final report as soon as reasonably practicable and in any event within 14 weeks of laying of the final report before the Senedd, unless there are exceptional circumstances. Where regulations are not made in that time period, the Welsh Ministers must, within 14 weeks of laying the final report, lay a statement setting out the exceptional circumstances. The Welsh Ministers must continue to lay such statements every 4 weeks until the regulations are made. Regulations under this paragraph are not subject to any procedure in the Senedd, but the statutory instrument containing the regulations must be laid before the Senedd. This paragraph also contains a transitional provision to ensure that regulations made under it do not have effect until the dissolution of the Senedd in anticipation of the first general election held after 6 April 2026. This ensures that the new constituencies can be created in law, but this does not affect the return of members or the constitution of the Senedd before an election at which the new system provided for by this Act will take effect.

Modification of final report by the Commission

55.Paragraph 10 sets out the steps the Commission and the Welsh Ministers may or must take if, after the report has been laid before the Senedd but before regulations have been made under paragraph 9, the Commission considers the report needs to be modified to correct an error or errors in respect of matters set out in paragraph 8(2); this involves the publishing of a statement by the Commission specifying the modifications and the reasons why they are sought., which the Welsh Ministers must lay before the Senedd. Paragraph 10(5) requires the Welsh Ministers to give effect to the final report and the modifications set out in a statement under paragraph 10(2) when making regulations under paragraph 9.

Delegation by the Commission of functions under this Schedule

56.Paragraph 11 provides that the Senedd boundary review functions in this Schedule can be delegated by the Commission in accordance with section 13(1) of the 2013 Act.

Welsh Ministers may not give directions to Commission relating to functions under this Schedule

57.Paragraph 12 provides that the Welsh Ministers are not permitted to give the Commission a direction under section 14 of the 2013 Act related to the exercise of its Senedd boundary review functions (as provided for by this Schedule).

Interpretation

58.Paragraph 13 defines terms used in this Schedule.

59.As noted above, paragraph 14 provides that the Commission must publish a notice, report or other document on the Commission’s website, and in any other way it considers appropriate.

Section 18 - Senedd constituencies for general elections held after regulations under section 49J of 20 the 2013 Act take effect

60.Section 18 introduces Schedule 3, which inserts a new Part 3A into the 2013 Act that makes provision about the Senedd constituencies for which Members of the Senedd will be elected at general elections held after the first set of regulations under section 49J of the 2013 Act takes effect.

Back to top