Schedule 3: New Part 3a of the 2013 Act
61.Schedule 3 is introduced by section 18.
62.This Schedule makes provision for the Commission to carry out regular reviews of Senedd constituency boundaries for which Members of the Senedd will be elected at general elections to be held after the first set of regulations made under section 49J of the 2013 Act take effect. It sets out the rules and processes the Commission must follow in reviewing boundaries and determining what changes to make.
Part 3A of the 2013 Act
63.Paragraph 1 of Schedule 3 inserts a new Part 3A into the 2013 Act, as detailed in the paragraphs below.
64.Section 49A requires the Commission to conduct a boundary review once in each review period, with subsection (5) defining the length of a review period as being the period beginning with 1 April 2025 and ending with 30 November 2028, the period of eight years beginning with 1 December 2028 and each subsequent period of eight years. Section 49A sets out the matters the Commission must determine if it considers that the boundaries of a Senedd constituency should change. This section also provides that, even if the boundaries of a Senedd constituency are not to change, the Commission may still decide to change its name, or its status as a county or borough constituency.
65.Section 49B provides that the Commission must publish a notice once the review has commenced (in accordance with section 49L(2), which requires that anything published under Part 3A must be published on the Commission’s website and in such other manner as the Commission considers appropriate), and such notice must specify the date on which the review commenced. This section also defines “review date” for the purpose of Part 3A of the 2013 Act by reference to the date specified in the notice of commencement.
66.Section 49C sets out the rules the Commission must follow when conducting its reviews:
Subsection (1) requires that each Senedd constituency must be within an electoral quota variance of no less than 90% and no more that 110% of the electoral quota. The electoral quota is defined in subsection (3)(b) of this section.
Subsection (2)(a) provides for a list of factors that the Commission may have regard to when determining whether there should be changes to Senedd constituency boundaries and what those changes should be. Subsection (2)(b) states that the Commission must, in any event, seek to minimise the number of changes to Senedd constituencies and have regard to the inconveniences caused by the making of any changes. Subsection(2)(b) is intended to oblige the Commission to have regard to the fact that making changes to constituencies has administrative and practical consequences, and to aim to bring about the smallest amount of change to Senedd constituencies. This duty applies in all circumstances, including in the context of the Commission’s powers to have regard to any of the matters listed in subsection (2)(a). The Commission may take into account, for example, the boundaries of existing electoral wards; but in taking those wards into account (and, for example, concluding that the boundaries of a Senedd constituency should not cut across the boundaries of a ward) the Commission should still seek to bring about the smallest amount of change to the Senedd constituencies. This provision is not intended to oblige the Commission to restrict itself only to those changes that are essential for the electorate of a constituency to fall within the electoral quota range in subsection (1).
Subsection (3) defines the electorate and the electoral quota for the purposes of subsection (1).
Subsection (4) specifies which version of the register of local government electors is to be used to determine the electoral quota for each review.
Subsection (5), read with subsection (2)(a)(i), requires the Commission to consider prospective boundaries on the review date.
Subsection (6) defines “
prospective ” for the purposes of subsection (5).
67.Section 49D 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 communication in Welsh and English, unless the Commission consider this to be unacceptable. If so, constituencies may have different names for use in 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.
68.Section 49E(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 constituency names (if it is proposing changes to any of the names) and details what that report must contain. Section 49E(2) requires the Commission to (amongst other things) publish the initial report and invite representations on it. This section also provides that the first period for representations is a period of eight weeks, beginning with the date on which the initial report is published. The Commission must consult with the Welsh Language Commissioner during this period (and this consultation is not limited to the orthography of proposed constituency names).
69.Section 49F sets out the actions the Commission must take following the first period for representations, including the requirement in subsection (1) to publish any representations received during that period. Once the representations (following the first period) are published, the second period for representations commences and lasts for six weeks, starting with the date the document setting out the representations received, as mentioned in subsection (1), is published. The Commission must notify any person it considers appropriate of how to access the document and invite further representations on the representations made in the document. The Commission is also required to publish information about public hearings, including where and when they will be held (section 49G makes further provision about public hearings). Subsection (4) defines “remote facilities” in the context of public hearings.
70.Section 49G sets out details of how many public hearings are to be held during the second period for representations and describes how those hearings are to be conducted.
71.Section 49H sets out the actions the Commission must take at the end of the second period for representations. The Commission must first consider its proposals having regard to representations made during the first and second period for representations. In the event the Commission proposes changes to the names of the constituencies that were not proposed in the initial report the Commission must consult, and have regard to any representations made by, the Welsh Language Commissioner on the orthography of those names. The Commission must then make and publish a second report, which must set out: the detail 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, or a statement that they do not consider any change appropriate. The Commission must also publish a document containing any representations received during the second period for representations and the records of the public hearings. Section 49H also provides for a third and final period for representations lasting four weeks (beginning with the date the second report is published). The Commission must consult the Welsh Language Commissioner during this period (and this consultation is not limited to the orthography of proposed constituency names). Section 49H outlines the actions to be taken by the Commission following the end of the final period for representations. These involve publishing any representations received during the final period and considering its proposals having regard to those representations. This includes a further requirement to consult the Welsh Language Commissioner on the orthography of the names where the Commission proposes changes relating to the names of Senedd constituencies that were not contained in the second report.
72.Section 49I requires the Commission to make and publish a final report before 1 December 2028, and before 1 December every eight years thereafter, and to send that report to the Welsh Ministers. This section sets out what a final report must contain, including either the details of any changes that are required to be made to Senedd constituencies or a statement that no alteration is required, as well as setting out the detail of any changes to the proposals set out in the second report together with the reason for those changes. Subsections (3) and (4) list what the report must specifically set out where changes are required. This includes in particular a requirement to set out the boundaries and names of all the constituencies even if the changes are only to some constituencies. This section provides that a failure to submit a final report to the Welsh Ministers before the deadline does not render the report invalid. This section also provides that the Welsh Ministers must lay the final report before the Senedd as soon as reasonably practicable after it is received.
73.Section 49J details how a final report must be implemented by the Welsh Ministers. Where changes are required to be made to Senedd constituencies, the Welsh Ministers must make regulations giving effect to the determinations made in a final report of the Commission as soon as reasonably practicable after laying the report before the Senedd and, unless there are exceptional circumstances, before the end of the period of 4 months. This section also sets out the actions to be taken by Welsh Ministers if regulations are not made within the specified period, which are identical to those required under paragraph 9 of Schedule 2 to the Act. Regulations under this section are to be made by statutory instrument, and while they are not subject to any procedure within the Senedd, the statutory instrument containing the regulations must be laid before the Senedd as soon as reasonably practicable after the regulations are made. Subsection (8) provides that the coming into force of the regulations does not affect the return of a Member of the Senedd or the constitution of the Senedd until the dissolution of the Senedd in connection with the next ordinary general election, or an extraordinary general election held on the day the next ordinary general election would have been held, or an extraordinary general election held during the preceding one month period.
74.Section 49K describes how a final report may be modified in the event of any errors identified by the Commission, after it has been laid before the Senedd but prior to regulations being made under section 49J. This section provides details of the actions the Commission and the Welsh Ministers may or must take in that event, including the publishing and laying of a statement specifying the modifications and the reasons for those modifications. Subsection (5) requires the regulations made by the Welsh Ministers under section 49J to reflect the final report and any modifications specified in the statement made under this section.
75.Section 49L defines terms used in Part 3A of the 2013 Act. This section also sets out how the Commission is to publish any notices, reports and other documents required under this Part.
Related amendments
76.Paragraph 2 of Schedule 3 sets out related amendments to the 2013 Act and the Local Government and Elections (Wales) Act 2021 (“
Transitional provision
77.Paragraph 3(1) requires the Welsh Ministers, when making the first set of regulations under section 49J, to set out the boundaries and names of all 16 Senedd constituencies, and whether they are a county or a borough constituency. This applies whether or not the final report on the first boundary review conducted under Part 3A of the 2013 Act determines that changes are required to be made to the Senedd constituencies. Paragraph 3(2) makes a transitional modification to the effect that the definition of the term “Senedd constituency” in section 49L(1) is to be read as referring to regulations made under paragraph 9 of Schedule 2 to the Act (following the review conducted under that Schedule) until the first set of regulations under section 49J take effect.